Common use of Tenant’s Work Clause in Contracts

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 2 contracts

Sources: Lease (Juniper Networks Inc), Lease Agreement (Juniper Networks Inc)

Tenant’s Work. Tenant shall do the work, if any, shown on Exhibit B as the work on the part of the Tenant (the “Tenant’s Work”), at its expense, and in a good and workmanlike manner in accordance with “Plans and Specifications” (as hereinafter defined) which have been prepared at Tenant’s expense and which have Landlord’s written approval, which approval of any non-structural work shall not be unreasonably withheld or delayed but which may be withheld as to any structural work in Landlord’s sole discretion, prior to the commencement of Tenant’s Work. Among other items, Landlord’s review of said Plans and Specifications may include potential impact on, and potential upgrades required to, base building systems. Landlord’s approval of Tenant’s Plans and Specifications, if given, shall not be deemed or construed as a representation by Landlord that said Plans and Specifications comply with applicable law, or are adequate or appropriate for Tenant’s requirements. Further, Landlord’s approval of Tenant’s Plans and Specifications, if given, may be conditioned upon Tenant payment for upgrades to base building systems required or necessitated by Tenant’s Work, or upon such other reasonable conditions as Landlord may impose. Tenant shall furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant’s business. “Plans and Specifications”, as used in this Section V(b) and in Section XII, shall mean documents and drawings sufficient for contract bidding and work completion, and shall include, but not be limited to, stamped, certified architectural, mechanical, electrical and plumbing plans. All of the foregoing work and all work Tenant may undertake pursuant to Section XII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, as amended from time to time, and the acquisition by Tenant of a Building Permit from the municipal department having jurisdiction, if required. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Landlord hereby approves J&J Construction Services as the contractor to be retained for the construction of the Tenant’s Work and any work under Section XII of this Lease. Tenant shall ensure that J&J Construction Services and its labor will work in harmony with other labor working in and about the Building, Property, and the Business Park and with suppliers of materials for use in construction in and about the Building, Property, and Business Park, and Tenant agrees that it will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and about the Building, Property, and Business Park. Tenant shall require all of its contractors to carry (i) Worker’s Compensation Insurance in accordance with statutory requirements and (ii) Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors in or about the Premises, Building, Property and Business Park in amounts not less than Two Million Dollars ($2,000,000) combined single limits for property damage, for injury or death of more than one person in a single accident, and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work, which name Landlord as an additional insured thereunder as its interest may appear. Tenant agrees to indemnify, exonerate, and hold harmless Landlord and Tenant acknowledge its management agent from all claims, liabilities, penalties, costs, expenses (including reasonable attorneys’ fees) actions, proceedings, demands and agree that certain work required for causes of actions occasioned by, on account of, or upon (i) Tenant's occupancy of ’s contractors being on or about the Leased Premises, including the Building, the Property, or the Business Park, and/or (ii) any work done on the Premises pursuant to this Section V or Section XII of this Lease whether performed prior to the Commencement Date, during or after the term of this Lease, including, but not limited to the procurement and installation to, any claims, actions, demands or causes of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed action asserted by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor any other tenants in the Building. Any costs incurred by Building against Landlord as a result of breach of covenant of quiet enjoyment. In case any interference with Landlord's operations action or proceeding is brought against Landlord by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant reason of any such interference claim, Tenant, upon notice from Landlord, shall, at Tenant’s expense, resist or defend such action or proceeding and employ counsel therefor reasonably satisfactory to Landlord, it being agreed that such counsel as may act for insurance underwriters of which Landlord has actual knowledge, but failure to provide Tenant engaged in such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors defense shall be subject to Landlord's prior written approvaldeemed satisfactory. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the improvement or alteration of the Premises, are hereby given notice that Tenant is not authorized to subject Landlord’s interest in the Premises, Building or Property to any claim for mechanics’, laborers’ and materialmen’s liens, and all persons dealing directly or indirectly with Tenant may not look to the administrative supervision of Premises, Building or Property as security for payment. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which arise from the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances making of any governmental entity having jurisdiction over such additions, improvements, alterations and/or installations and shall remove any mechanics’, laborers’ and/or materialmen’s liens within ten (10) business days after the Buildingsame have been filed.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)

Tenant’s Work. Landlord (a) Subject to the provisions of Article 12 herein, Tenant shall, at Tenant’s sole cost, perform or cause the performance of all alterations, installations, additions and Tenant acknowledge and agree improvements that certain work shall be required to be made in or to the Premises in order to prepare the Premises, or any portion thereof, for Tenant's ’s initial occupancy of for the Leased Premises, including but not limited to the procurement Permitted Use (“Tenant’s Work”). All materials used in connection with Tenant’s Work shall be new and installation of furniture, fixtures, equipment, artwork first quality and interior signage are beyond the scope of the Tenant Improvements and Tenant’s Work shall be performed by Tenant or its contractors at in a good and workmanlike manner. Tenant's sole cost ’s Work shall constitute Tenant’s Changes (as hereinafter defined) and expense. All such work ("Tenant's Work") shall be is subject to Landlord's prior written approvalall of the terms and conditions set forth in Article 12 hereof attached hereto. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations deliver copies of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsits detailed plans, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans drawings and specifications for Tenant's ’s Work to Landlord for its review and approval promptly following the mutual execution and delivery of this Lease. Tenant shall be in default hereunder if Tenant fails to complete Tenant’s Work pursuant to the terms and conditions contained herein within twelve (12) months after Landlord’s approval of said detailed plans, drawings and specifications for Tenant’s Work. (b) Tenant's Work Provided this Lease shall be performed in conformity full force and effect and no Event of Default (as hereinafter defined) shall have occurred and be continuing, Landlord shall reimburse Tenant for the cost of Tenant’s Work actually incurred by Tenant which constitute Qualified Alterations (as hereinafter defined), as approved by Landlord pursuant hereto and which are actually made by Tenant within six (6) months of the Commencement Date up to a maximum amount of Landlord’s Contribution. As used herein, the term “Qualified Alterations” shall mean the labor and materials used by Tenant to construct Tenant’s Changes which are permanent leasehold improvements in and to the Premises in compliance with this Lease after the date hereof including electrical work, replacement of existing lighting, painting and the installation of carpeting, and Soft Costs (as hereinafter defined), subject to the limitations set forth herein. Qualified Alterations shall expressly exclude (and Landlord’s Contribution shall not be applied to) architect’s and engineer’s fees and costs of permits (collectively, “Soft Costs”) in excess of Nineteen Thousand Six Hundred Eighty-Seven and 50/100 ($19,687.50) Dollars in the aggregate, the cost of interest or late charges, or labor and materials and such services used to furnish trade fixtures, furniture, furnishings, moveable business equipment, and any personal property whatsoever. Except as otherwise expressly set forth herein, Tenant shall complete Tenant’s Work in accordance with the plant approved in writing by Landlord, whether or not Landlord’s Contribution is sufficient to fund such completion. To the extent that the Qualified Alterations are less than Landlord’s Contribution, Tenant shall not be entitled to receive any such excess, whether as a valid permit when requiredcredit, a copy of which shall be furnished to Landlord before such work is commenced. In any eventrefund, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingabatement or otherwise.

Appears in 2 contracts

Sources: Lease Agreement (Wayfair Inc.), Lease Agreement (Wayfair LLC)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay. (c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord. (d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.

Appears in 2 contracts

Sources: Lease (Juniper Networks Inc), Lease Agreement (Webex Inc)

Tenant’s Work. Landlord (A) Tenant shall accept the Premises in their as-is condition without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto. Tenant, at its sole cost and Tenant acknowledge and agree that certain expense, shall perform all work required necessary to prepare the Premises for Tenant's ’s occupancy in accordance with plans and specifications prepared by an architect, licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord, such plans and specifications to be subject to the reasonable approval of the Leased PremisesLandlord. Tenant shall submit to Landlord no later than forty-five (45) days after the date of this Lease, including but not limited a detailed floor plan layout together with working drawings (the “Tenant’s Submission”) for work to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant to prepare the Premises for Tenant’s occupancy (“Tenant’s Work”). Such floor plan layout and working drawings (the “Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-2. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-2, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises during daylight hours shall be in Landlord’s sole discretion. Landlord agrees to review and provide comments on the Plans within fifteen (15) business days of receipt. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its contractors architect to incorporate all objections and conditions presented by Landlord and shall resubmit such plans to Landlord no later than ten (10) business days after Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Plans shall have been approved by the Landlord without objection or condition. (B) Once the Plans have been approved by Landlord, Tenant, at Tenant's its sole cost and expense, shall promptly, and with all due diligence, perform Tenant’s Work as set forth on the Plans, and, in connection therewith, the Tenant shall obtain all necessary governmental permits and approvals for Tenant’s Work. All such work ("of Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's ’s Work shall be performed strictly in conformity accordance with the Plans (subject to minor and insubstantial field changes that have no material impact on the structure or building systems of the Office Area and will not delay Tenant’s Work), all applicable Legal Requirements and Insurance Requirements (as defined in Section 9.1 of the Lease) and in accordance with the provisions of Article IX of the Lease. It shall be Tenant’s obligation to obtain a valid permit when requiredcertificate of occupancy or other like governmental approval for the use and occupancy of the Premises to the extent required by law, and Tenant shall not occupy the Premises for the conduct of business until and unless it has obtained such approval and has submitted to Landlord a copy of which shall be furnished to Landlord before such work is commenced. In any event, the same together with waivers of lien from all of Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.’s contractors in form attached hereto as Exhibit G.

Appears in 2 contracts

Sources: Lease Agreement (Decibel Therapeutics, Inc.), Lease Agreement (Decibel Therapeutics, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:: ( (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 2 contracts

Sources: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)

Tenant’s Work. Commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant’s representatives to enter the Premises so that Tenant acknowledge and agree that certain work may do such work, excluding Landlord’s Work, as may be required by Tenant to make the Premises ready for Tenant's ’s use and occupancy of (“Tenant’s Work”). Such permission is conditioned upon Tenant and its agents, contractors, employees and invitees not interfering with Landlord’s Work in the Leased PremisesPremises or other work Landlord is conducting in the Project, including but not limited to the procurement if any, and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to all the terms of this Lease except Tenant’s obligation to pay Base Rent. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury,loss or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant’s Work and installations made in the Premises, all of the same being at Tenant’s sole risk. Tenant acknowledges that Landlord will be conducting Landlord's prior written approval’s Work in the Premises and other work in the Project concurrently with Tenant’s Work, and Tenant agrees to reasonably cooperate with Landlord in order to avoid interference with Landlord’s construction activities. Tenant shall adopt a construction schedule for Tenant's Work in conformance with have the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be use the loading dock subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount coordinating such use with Landlord’s and coverage of public liability and property damage insurance carried by Tenant's contractors other tenants’ activities in the form of an endorsed insurance certificate naming Landlord, the Contractor, Building and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when requiredas to after hours usage, a copy reasonable charge to reimburse Landlord for its actual costs in providing such access. Tenant shall compensate Landlord at the normal hourly rate as set forth in Exhibit F for the services of which shall be furnished to Landlord before such work is commenced. In any event, all Landlord’s engineering personnel in connection with Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building’s Work.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)

Tenant’s Work. Landlord and (a) Other than Landlord’s Work pursuant to Section 7.01 herein, if desired, Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesshall, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work (", commence all Tenant's ’s Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule enter the Demised Premises after the Delivery Date for the purpose of performing Tenant's ’s Work, provided that: (i) all Tenant’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work be conducted in such a manner as, and performed by such labor that, will not interfere with, impede or affect in any way Landlord’s Work, Landlord’s other construction activities at the Project, the construction activities of any tenant or other occupant within the Project, and/or any other work being performed in connection with the Project, (ii) Tenant shall, at its own expense, remove from the Demised Premises and the Common Areas, on a daily basis, all trash which may accumulate in connection with Tenant’s Work activities and keep the Common Areas free of building material and equipment used in connection with Tenant’s Work, (iii) Tenant shall perform all duties and obligations imposed by this Lease, including, but not limited to, those provisions relating to utilities, insurance and indemnification, (iv) Tenant’s Work shall only be performed by those contractors and subcontractors approved by Landlord in writing, which approval shall not be unreasonably withheld, and (v) in connection with Tenant’s Work, Tenant shall obtain, in addition to all required approvals from Landlord as not set forth in this Lease, the approval of all governmental authorities having jurisdiction. (b) If Tenant fails or omits to hinder make timely submission to Landlord of any component of Tenant’s Plans or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant’s Work or in any manner delays or interferes with the performance of Landlord’s Work or any other work being performed at or in connection with the Project, Landlord, in addition to any other right or remedy it may have hereunder or at law or in equity, may pursue any one or more of the following remedies: (i) Landlord may give Tenant at least ten (10) days written notice that if a specified failure, omission or delay is not cured by the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with date therein stated, this Lease, at Landlord's operations by Tenant or its contractors ’s option, shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject deemed cancelled and terminated without prejudice to Landlord's prior ’s other rights and remedies hereunder or available at law or in equity, including, without limitation, a suit for damages, and (ii) Landlord may give written approvalnotice to Tenant (notwithstanding that such a notice is not otherwise required hereunder) that the Rent Commencement Date will be deemed to have commenced on the date, and to be therein specified, when the same would have commenced if Tenant had timely complied with the provisions of this Lease in any way pertaining to the administrative supervision submission of Tenant’s Design Drawings, working drawings and specifications and the Contractor. performance of Tenant's Work shall ’s Work. (c) Tenant agrees to observe and comply with all of the following requirements:obligations, standards, requirement, procedures, criteria and schedules set forth or referred to in Exhibit “D.” (ad) Tenant's Work Notwithstanding anything to the contrary contained in this Section 7.03, Landlord shall not proceed until Landlord has approved in writing: (i) be responsible or liable to Tenant's , its agents, servants, employees, licensees or contractors, or their respective agents, servants, employees, licensees or contractors, for any loss or damage to the property of such parties occurring during the Term. (iie) proof Landlord agrees to provide Tenant and its agents and professionals access to the Demised Premises from and after the date hereof, upon at least twenty-four (24) hours advanced notice to Landlord, for the sole purpose of taking measurements and for other design and/or construction related items, provided that any individual entering the Demised Premises shall be accompanied by a representative of Landlord. Tenant shall use such entry to confirm the square footage of the amount Demised Premises. The parties acknowledge and coverage of public liability and property damage insurance carried by Tenant's contractors in agree that the form of an endorsed insurance certificate naming Landlord, square footage shall be as set forth on the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workprepared by the architect engaged by Landlord. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 2 contracts

Sources: Lease Agreement (Bankrate, Inc.), Lease Agreement (Bankrate Inc)

Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees, prior to the commencement of the Leased PremisesTerm of this Lease, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such , to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit D ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provisions of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit D. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day for each day of delay by Tenant in submitting said Store Design Drawings or Working Drawings and Specifications. Landlord shall exercise reasonable efforts to respond to such Store Design Drawings or Working Drawings and Specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. Provided Tenant is not in default hereof, Landlord hereby agrees to contribute towards the cost of Tenant's Work a Construction Allowance of Ten and 00/100ths Dollars ($10.00) per square foot of floor area of the Leased Premises. The aforesaid Construction Allowance shall be paid thirty (30) days after the date Tenant opens for business in the Leased Premises, provided Tenant shall have received a Certificate of Acceptance pursuant to Exhibit D hereof and the applicable lien waivers from all contractors and subcontractors. In the event that this Lease is terminated prior to the expiration of the Term hereof, Tenant shall repay said Construction Allowance to Landlord in cash upon termination; provided, however, that Tenant's liability for said Construction Allowance shall be reduced at the rate of one-tenth (1/10th) each anniversary of the Commencement Date occurring during the Term hereof. No material deviations from the final Store Design Drawings or Working Drawings and Specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit D, all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit D. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance of a certificate of occupancy for the Leased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its work, Tenant, at Tenant's cost, shall repair, clean and restore all portions of the Shopping Center affected by Tenant's Work to their prior condition. (b) The interest of Landlord in the Leased Premises and the Retail Development shall not be subject to liens for improvements made by or on behalf of Tenant. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work estate in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord Leased Premises or the Contractor in Retail Development to any lien or liability under applicable law. In the Building. Any costs incurred by Landlord event that any mechanic's, materialman's or other lien or any notices of claim, including without limitation, stop notices (herein "lien") is filed against the Leased Premises or Retail Development as a result of any interference with Landlord's operations by work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to or for Tenant or to or for anyone holding the Leased Premises through or under Tenant, Tenant, at its contractors expense, shall cause the lien to be discharged or fully bonded to the satisfaction of Landlord within thirty (30) days after notice of the filing thereof. If Tenant fails to discharge or bond against said mechanic's, materialman's or other lien, Landlord may, in addition to any other remedies Landlord may have, but without obligation to do so, bond against or pay the lien without inquiring into the validity or merits of such lien and all sums so advanced, including reasonable attorney fees incurred by Landlord in defending against such lien, procuring the bond or in the discharge of such lien, shall be promptly paid by Tenant on demand as additional rent. It shall be Tenant's continuing obligation to Landlord upon demand. Landlord shall make keep and maintain the Leased Premises and all reasonable efforts to notify Tenant other parts of the Retail Development free from any and all liens arising out of any such interference work performed, materials furnished or obligations incurred by or for Tenant in connection with the Leased Premises. In addition, Tenant shall replace any bonds posted by Landlord pursuant hereto with a suitable bond of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit equivalent amount within twenty (20) days after Landlord's right to demand payment for such coststherefor. Tenant's contractors shall be , subject to Landlord's prior written approvalconsent not to be unreasonably withheld, conditioned or delayed, may grant a security interest, encumber or pledge its equipment, personal property, inventory and movable trade fixtures located on or about the Leased Premises, with respect to financing which benefits this store location. In no event, however, shall Tenant be permitted to mortgage, hypothecate, encumber or pledge the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors leasehold interest in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkLeased Premises. (bc) Upon the expiration of each five (5) year period of the Term of this Lease, Tenant shall, within thirty (30) days after direction from Landlord, submit drawings and specifications showing the work to be performed by Tenant to completely refurbish the interior portions of Leased Premises. Tenant shall not be required, pursuant to this Section 3.3(c), to reconstruct the Leased Premises. The work required of Tenant hereunder shall specifically include work with respect to the following items: wall covering, floor covering, ceiling, storefront sign and surfaces visible to customers. Tenant will cause such work to be performed not later than ninety (90) days following the date of Landlord's direction in accordance with drawings and specifications approved by Landlord specifying the refurbishing work to be done by Tenant's Work . All such work shall be performed carried out in conformity accordance with a valid permit when requiredthe provisions of this Lease, a copy including the provisions of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances this Section 3.3 governing construction of any governmental entity having jurisdiction over the BuildingLeased Premises.

Appears in 2 contracts

Sources: Lease Agreement (Play Co Toys & Entertainment Corp), Lease Agreement (Play Co Toys & Entertainment Corp)

Tenant’s Work. Landlord (A) Tenant shall accept the Premises in their as-is condition without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto except as otherwise expressly set forth in the Lease. Tenant, at its sole cost and Tenant acknowledge and agree that certain expense, shall perform all work required necessary to prepare the Premises for Tenant's ’s occupancy in accordance with plans and specifications prepared by an architect, licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord, such plans and specifications to be subject to the reasonable approval of the Leased Premises, including but not limited Landlord. Landlord hereby approves of Unispace as the Tenant’s architect. Tenant shall submit to Landlord a detailed floor plan layout together with working drawings (the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall “Tenant’s Submission”) for work to be performed by Tenant to prepare the Premises for Tenant’s occupancy (“Tenant’s Work”). Such floor plan layout and working drawings (the “Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-2. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-2, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its contractors architect to incorporate all objections and conditions presented by Landlord and shall resubmit such plans to Landlord as soon as practically possible after Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Plans shall have been approved by the Landlord without objection or condition. Once the Plans have been approved by Landlord, Tenant shall have the right to change, modify or amend such Plans, subject to the reasonable approval by Landlord of such changes, modifications or amendments as otherwise herein provided. Notwithstanding the foregoing, Landlord’s initial approval, or disapproval with supporting specific reasons, shall be provided to Tenant within ten (10) days of Landlord’s receipt, except that if Landlord reasonably determines that it must engage an outside consultant in connection with its review and approval of the Plans (i.e., because, in Landlord’s reasonable judgment, Landlord’s staff does not have the appropriate skills to perform such review), the period for Landlord’s review of the Plans shall be ten (10) business days after Landlord’s receipt. Future approvals, or disapprovals with supporting specific reasons, for subsequent submittals of corrections or changes, shall be provided to Tenant within three (3) business days of Landlord’s receipt. (B) Once the Plans have been approved by Landlord, Tenant, at Tenant's its sole cost and expense, shall promptly, and with all due diligence, perform Tenant’s Work as set forth on the Plans, and, in connection therewith, Tenant shall obtain all necessary governmental permits and approvals for Tenant’s Work. All such work ("of Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's ’s Work shall be performed strictly in conformity accordance with a valid permit when requiredthe Plans and in accordance with applicable Legal Requirements (as defined in Section 1.2 hereof) and Insurance Requirements (as defined in Section 5.12 of the Lease). Tenant shall have Tenant’s Work performed by contractors, a copy of reasonably approved by Landlord, which contractors shall be furnished provide to Landlord before such work is commencedinsurance as required by Section 8.14 of the Lease. In any eventLandlord hereby acknowledges that it has approved the contractors listed on Exhibit B-3 to act as Tenant’s contractor with respect to Tenant’s Work. Landlord shall have the right, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.in accordance with

Appears in 2 contracts

Sources: Lease Agreement (Carbon Black, Inc.), Lease Agreement (Carbon Black, Inc.)

Tenant’s Work. To the extent that Landlord approves any alterations or other work by Tenant at the Premises, the approval is limited to Tenant’s work as shown on the plans and specifications approved by Landlord, and Tenant’s work, including, without limitation, matters related to or arising out of the design and/or construction of the work, including, without limitation, any errors or omissions contained therein, and/or the necessity of other work required by such work to comply with legal requirements or directives, shall be Tenant’s responsibility without cost or liability to Landlord. All work performed by or for Tenant under this Lease is performed for the sole benefit of Tenant and at Tenant’s sole cost and expense and shall be done in a good and workmanlike manner, in compliance with all applicable laws and using new and high quality materials. Tenant agrees that, with respect to all work of any nature performed by or for Tenant, including, without limitation, Tenant’s work, whether related to leasehold improvements, alterations or any other type of manner of work, Tenant and Tenant’s agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony with Landlord and such other contractors, workers, mechanics, suppliers and invitees as shall be working there from time to time, if any. Upon completion of any work by Tenant, Tenant shall provide Landlord with “As-Built” electronically recorded drawings on a disk in AutoCADD format. Any alteration or addition shall be consistent in appearance with the rest of the Building and Landlord’s Property and shall be made only after duly obtaining all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such alterations or additions and, upon request, provide Landlord lien waivers from time to time from all parties performing work related to the Premises or services for Tenant. This Lease addresses the respective obligations of Landlord and Tenant acknowledge for maintenance, repairs and agree that certain work required for Tenant's occupancy of the Leased Premisesreplacements, including but not limited and, to the procurement and installation fullest extent permitted by law, Tenant waives the provisions of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense▇.▇. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work186 §19. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Quanterix Corp)

Tenant’s Work. Landlord and To the extent Tenant acknowledge and agree that certain is required to or does, with ▇▇▇▇▇▇▇▇’s written consent, perform work required for Tenant's occupancy of on the Leased Premises, Tenant shall fully remodel the Premises, including but not limited the storefront and interior, in accordance with the criteria, procedures and schedules set as may be set forth by Landlord (“Landlord’s Criteria”), which Landlord’s Criteria is incorporated herein by this reference. “Tenant’s Work” means all work required to be performed in the Premises under this Section 3.02 (including, as set forth in the immediately preceding sentence) and all other alterations to the procurement and installation of furniturePremises made by Tenant pursuant to this Lease, fixtures, equipment, artwork and interior signage are beyond subject to the scope limitations set forth in Section 1.20 of the Tenant Improvements and shall Indenture. Tenant’s Work will be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall will comply with all applicable governmental laws, ordinances, rules, regulations, codes and ordinances other governmental restrictions or requirements. Tenant’s Work will be performed in a first-class and workmanlike manner, incorporating only new materials. Tenant shall commence Tenant’s Work within ten (10) days after Landlord has approved Tenant’s Plans and made possession of the Premises available to Tenant and Tenant has received all necessary building permits (as applicable), and complete Tenant’s Work no later than the Commencement Date. Within ten (10) days after the date of this Lease, Tenant shall identify in writing to Landlord a representative of Tenant (“Tenant Representative”) who shall have general responsibility for the supervision, management and completion of Tenant’s Work. The Tenant Representative shall have authority to bind ▇▇▇▇▇▇ and Landlord may rely on any governmental entity having jurisdiction over approval or instruction made by the BuildingTenant Representative. If no Tenant Representative is identified in writing to Landlord as the “Tenant Representative”, the Tenant Representative shall be deemed to be the primary person with whom ▇▇▇▇▇▇▇▇ is dealing in regard to the supervision, management and completion of Tenant’s Work.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Tenant’s Work. Landlord The Architectural Drawings and Tenant acknowledge Specifications and agree that certain work required for Tenant's occupancy of the Leased PremisesEngineering Plans and Specifications, including but not limited to as approved by Landlord, shall thereupon collectively constitute the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's WorkPlans") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work improve the Premises in conformance accordance with the Contractor's scheduleTenant’s Plans. The work set forth in the Tenant’s Plans is hereinafter referred to as “Tenant’s Work”. From and after the date of Landlord’s approval of the Tenant’s Plans, any changes to the Tenant’s Plans shall not be binding unless approved in writing by both Landlord and Tenant. Landlord’s approval of the Tenant’s Plans shall constitute approval of Tenant’s design concept only and shall perform Tenant's Work in such no event be deemed a way as not to hinder representation or delay the operations of Landlord or the Contractor in the Building. Any costs incurred warranty by Landlord as a result of to whether the Tenant’s Plans comply with any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and legal requirements applicable to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) ’s Plans and Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any eventthe performance of Tenant’s Work, all Tenant's Work Tenant shall comply with all applicable laws, codes and ordinances regulations. Tenant shall obtain all permits, certificates and other governmental approvals from all governmental entities having jurisdiction thereover which are necessary for the prosecution and completion of Tenant’s Work. Tenant’s Work shall include, but not be limited to, the cost of all permits and governmental inspections, all architectural and engineering fees, the preparation and delivery to Landlord of a complete set of “as-built” plans showing Tenant’s Work, in hard copy and an electronic version thereof which is acceptable to Landlord (the "As-Built Plans") (which As-Built Plans shall be delivered to Landlord not later than the tenth (10th) day following the substantial completion of Tenant’s Work). Prior to commencing Tenant’s Work, Tenant shall provide to Landlord the name and address of each contractor and subcontractor which Tenant intends to employ to perform Tenant’s Work, the use of which subcontractors and contractors shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed if (1) the contractor or subcontractor is properly licensed, (2) Landlord has had no prior experience with such contractor or subcontractor which was unsatisfactory to Landlord and (3) Landlord knows of no prior unsatisfactory experience that a third party has had with such contractor or subcontractor. Prior to the commencement of any governmental entity having jurisdiction over of Tenant’s Work, Tenant shall deliver to Landlord, with respect to each contractor and subcontractor which Tenant intends to employ to perform any of Tenant’s Work, a certificate of insurance from each such contractor or subcontractor specifying Landlord as a named insured and evidencing that each such contractor or subcontractor has obtained the Buildinginsurance coverages described in Section 17.B. of the Lease. Tenant shall not be obligated to use union labor in connection with Tenant’s Work. Said contractors and subcontractors shall also comply with other reasonable industry requirements of Landlord. Tenant shall pay to Landlord a coordination fee in an amount equal to one percent (1%) of the cost of the Tenant Allowance (as hereinafter defined) (the "Coordination Fee"), which Coordination Fee shall be deducted from the Tenant Allowance to the extent that funds are available therefrom for such purpose or otherwise paid directly by Tenant to Landlord upon the substantial completion of Tenant’s Work.

Appears in 2 contracts

Sources: Office Lease (Cellular Biomedicine Group, Inc.), Office Lease (Cellular Biomedicine Group, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required All improvements to the Premises necessary for Tenant's use and occupancy of the Leased Premises, including but thereof and not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and listed as Landlord's Work on Exhibit B shall be performed completed by Tenant or its contractors Tenant, at Tenant's sole cost expense, and expense. All such work (shall hereinafter be referred to as "Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. The Tenant's Work shall comply be completed by Tenant in conformity with the specifications attached hereto as Exhibit C, plans and specification's therefor approved by Landlord and all applicable laws, orders, rules and regulations of governmental authorities. Prior to the commencement of the following requirements: Term, Landlord shall have received full payment from Tenant due Landlord pursuant to Exhibit B and/or Exhibit C and for such other work as Landlord may have undertaken at Tenant's request. Tenant agrees to submit to Landlord plans and specifications covering the Tenant's Work, in such detail as Landlord may require, within fifteen (a15) days after execution of this Lease and Tenant agrees not to commence work on any of the Tenant's Work shall not proceed until Landlord has approved such plans and specifications in writing: (i) , Landlord's Work in the Premises has been substantially completed and Tenant has obtained all permits and approvals necessary for the construction of Tenant's contractors, (ii) proof Work. Landlord's approval of Tenant's plans and specifications shall not be deemed evidence of the amount compliance by such plans and coverage specifications with all applicable laws, orders, rules and regulations of public liability and property damage insurance carried by governmental authorities, nor shall it be or be deemed to be a warranty thereof of the soundness or fitness for a particular purpose of the Tenant's contractors in Work. Landlord's approval of the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work is purely for the benefit of Landlord and may not be relied on for any purpose except as set forth herein. At all times during Tenant's construction, Landlord and its representatives shall have the right to enter upon the Premises for the purpose of inspecting the construction and progress of the Tenant's Work. . Tenant agrees with respect to Tenant's Work that it will (a) not damage, delay or interfere with the prosecution or completion of any work being performed by Landlord or any other person(s) in the Premises or by Landlord or any other person(s) in or about any other portion of the Shopping Center; (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable lawsprocedures and regulations prescribed by Landlord from time to time for coordination of such work and activities with any work being performed by Landlord, codes or any other construction, in the Shopping Center; and ordinances (c) conform to all of Landlord's labor regulations and shall not do or permit anything to be done that might create (or hinder the cessation thereof if extant) any work stoppage, picketing or other labor disruption or dispute which would interfere with the construction or operation of any governmental entity having jurisdiction over work or activities being conducted anywhere by Landlord. If Tenant fails or refuses to comply with any of the Buildingforegoing obligations (set forth in items (a), (b) and (c)), Landlord may require Tenant to cease immediately the performance of such work and activities. Tenant agrees that its entry into possession of the Premises prior to the Commencement Date shall be subject to all of the terms of this Lease, except the covenants to pay the amounts as set forth in Section 3.01, 3.02 and 3.04.

Appears in 2 contracts

Sources: Shopping Center Lease (Carrollton Bancorp), Shopping Center Lease (Carrollton Bancorp)

Tenant’s Work. Prior to the Commencement Date, commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant's representatives to enter the Premises so that Tenant acknowledge and agree that certain may do such work as may be required by Tenant make the Premises ready for Tenant's use and occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant(excluding Landlord's sole cost and expense. All such work Work) ("Tenant's Work") , as generally outlined in Exhibit C. Such permission shall be subject to all the terms of this Lease except Tenant's obligation to pay Base Rent and Operating Costs. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury, loss, or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant's Work and installations made in the Premises, except injury, loss or damage arising from Landlord's prior written approvalnegligence or intentional acts, all of the same being at Tenant's sole risk. Tenant acknowledges that Landlord will be conducting Landlord's Work in the Premises and other work in the Project concurrently with Tenant's Work, and Tenant and Landlord each agrees to reasonably cooperate with the other in order to avoid interference with the other party's construction activities. Tenant shall adopt a construction schedule have the right to perform the initial Tenant's Work and any other alterations or installations 24 hours per day, seven days per week, 365 days per year from the date of this Lease throughout the Term, and shall have reasonable access to the parking areas, roof, loading dock and other common areas. Landlord shall not receive any profit from but may charge (pass through) reasonable fees for inspection of Tenant's Work, or any other alterations performed by Tenant, made in order to assure that such work was performed in accordance with approved plans and specifications. Landlord shall provide reasonable utilities for Tenant's Work in conformance with the Contractor's schedule, and shall perform use during Tenant's Work in such a way as not construction at no cost to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease (Inflow Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond within the scope of the Tenant Improvements normal construction trades employed in the Building, including, but not limited to, furnishing and installing of telephones, furniture, and office equipment shall be performed furnished and installed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractorschedule of Landlord's schedule, contractors and shall perform Tenant's Work conduct its work in such a way manner as to maintain harmonious labor relations and as not to hinder interfere unreasonably with or delay the operations work of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costscontractors. Tenant's contractors and subcontractors shall be acceptable to and approved by Landlord and shall be subject to Landlord's prior written approval, and to the administrative supervision of Landlord. Contractors and subcontractors engaged by Tenant shall employ persons and means to insure so far as may be possible the Contractor. Tenant's Work shall comply with all progress of the following requirements: (a) Tenant's Work work without interruption on account of strikes, work stoppages or similar causes for delay. Landlord shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof give access and entry to the Premises to Tenant and its contractors and subcontractors and reasonable opportunity and time and reasonable use of facilities to enable Tenant to adapt the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications Premises for Tenant's Work. (b) Tenant's Work use; provided, however, that if such entry is prior to the Commencement Date or the Third Floor Expansion Effective Date, as the case may be, such entry shall be performed in conformity with a valid permit when requiredsubject to all the terms and conditions of the Lease, a copy except the payment of which shall be furnished to Landlord before such work is commencedRent. In any eventEXHIBIT "C-1" INITIAL PREMISES SCHEDULE OF IMPROVEMENTS THE FOLLOWING SCHEDULE MORE CLEARLY DEFINES THE INTERMEDIATE STEPS ESSENTIAL TO MEET THE DATES AS PROVIDED IN EXHIBIT "C", all Tenant's Work shall comply with all applicable lawsALL OF WHICH LANDLORD AND TENANT ACKNOWLEDGE AND AGREE HAVE BEEN DULY AND TIMELY SATISFIED BY LANDLORD AND TENANT AS OF THE DATE OF EXECUTION OF THIS AMENDED AND RESTATED LEASE: ACTION 1. TENANT PROVIDES PROGRAM INFORMATION TO LANDLORD AND/OR ARCHITECT: 2. PRELIMINARY SPACE PLAN DELIVERED TO TENANT BY LANDLORD: 3. TENANT'S ACCEPTANCE OF PRELIMINARY SPACE PLAN: 4. PRICING NOTES DELIVERED TO TENANT BY LANDLORD: 5. TENANT'S ACCEPTANCE OF PRICING NOTES: 6. DETAILED PRELIMINARY ESTIMATE COMPLETED BY LANDLORD AND DELIVERED TO TENANT: 7. TENANT'S FINAL ACCEPTANCE OF PRELIMINARY SPACE PLAN AND PRICING ESTIMATE NO LATER THAN: 8. DOCUMENTS TO TENANT BY LANDLORD: 9. [INTENTIONALLY OMITTED] 10. LANDLORD SHALL MAKE REVISIONS TO CONSTRUCTION DOCUMENTS, codes and ordinances of any governmental entity having jurisdiction over the Building.IF NECESSARY, AND RELEASE THEM FOR BIDDING AND PERMITTING: 11. FINAL PRICING AND LANDLORD'S COSTS ON CONSTRUCTION DOCUMENTS DELIVERED TO TENANT BY LANDLORD: 12. TENANT'S FINAL ACCEPTANCE OF ALL PLANS AND PRICING DELIVERED TO LANDLORD NO LATER THAN: 13. COMMENCEMENT OF CONSTRUCTION, SUBJECT TO PERMIT APPROVAL BY CODE OFFICIALS HAVING JURISDICTION: 14. SUBSTANTIAL COMPLETION AND START OF WORKSTATION INSTALLATION ON OR ABOUT: 15. OCCUPANCY BY TENANT. NOTE: SCHEDULE ASSUMES ALL MATERIALS, EQUIPMENT, AND FINISHES ARE IN STOCK OR AVAILABLE IN A TIMELY MANNER SO AS TO NOT DELAY THE JOB PROGRESS. SUBSTITUTION OR DELETION OF SPECIFIED ITEMS MAY BE REQUIRED TO MAINTAIN SCHEDULE. LANDLORD'S OBLIGATION TO MEET ANY OR ALL OF THE DATES SET FORTH ABOVE SHALL BE SUBJECT TO LANDLORD'S ACTUAL RECEIPT OF TENANT'S APPROVALS, PROGRAM INFORMATION, ETC. ON OR BEFORE THE DATES SET FORTH ABOVE. EXHIBIT "C-2" THIRD FLOOR EXPANSION PREMISES SCHEDULE OF IMPROVEMENTS THE FOLLOWING SCHEDULE MORE CLEARLY DEFINES THE INTERMEDIATE STEPS ESSENTIAL TO MEET THE DATES AS PROVIDED IN EXHIBIT "C":

Appears in 1 contract

Sources: Lease Agreement (Interland Inc)

Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesagrees, including but not limited prior to the procurement and installation of furnitureCommencement Date, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such , to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit "D" ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provision of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit "D" attached hereto. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day of each day of delay by Tenant in submitting said plans, drawings and specifications. Landlord shall exercise reasonable efforts to respond to drawings and specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt of such drawings and specifications from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. No material deviations from the final plans and specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit "D", all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit "D". It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall obtain, at its sole cost, and immediately thereafter furnish to Landlord, all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance of a certificate of occupancy of the Leased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its work, Tenant shall repair, clean and restore all portions of the Shopping Center affected by Tenant's Work to their prior condition. (b) The interest of Landlord in the Leased Premises and the Retail Development shall not be subject to liens for improvements made by or on behalf of Tenant. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work estate in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord Leased Premises or the Contractor in Retail Development to any lien or liability under applicable law. In the Building. Any costs incurred by Landlord event that any mechanic's, materialman's or other lien or any notices of claim, including without limitation, stop notices (herein "lien") is filed against the Leased Premises or Retail Development as a result of any interference with Landlord's operations by work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to or for Tenant or its contractors to or for anyone holding the Leased Premises through or under Tenant, Tenant, at is expense, shall cause the lien to be discharged or fully bonded to the satisfaction of Landlord within thirty (30) days after notice of the filing thereof. If Tenant fails to discharge or bond against said mechanic's, materialman's or other lien, Landlord may, in addition to any other remedies Landlord may have, but without obligation to do so, bond against or pay the lien without inquiring into the validity or merits of such lien and all sums so advanced, including reasonable attorney fees incurred by Landlord in defending against such lien, procuring the bond or in the discharge of such lien, shall be promptly paid by Tenant on demand as additional rent. It shall be Tenant's continuing obligation to Landlord upon demand. Landlord shall make keep and maintain the Leased Premises and all reasonable efforts to notify Tenant other parts of the Retail Development free from any and all liens arising out of any such interference work performed, materials furnished or obligations incurred by or for Tenant in connection with the Leased Premises. In addition, Tenant shall replace any bonds posted by Landlord pursuant hereto with a suitable bond of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit equivalent amount within twenty (20) days after Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worktherefor. (bc) Upon the expiration of each five (5) year portion of the Term, Tenant shall, within thirty (30) days after direction from Landlord, submit drawings and specifications showing the work to be performed by Tenant to completely refurbish the interior portions of Leased Premises. Tenant shall not be required, pursuant to this Section 3.3(c), to reconstruct the Leased Premises. The work required of Tenant hereunder shall specifically include work with respect to the following items: wall covering, floor covering, ceiling, storefront sign, and surfaces visible to customers. Tenant will cause such work to be performed not later than ninety (90) days following the date of Landlord's direction in accordance with drawings and specifications approved by Landlord specifying the refurbishing work to be done by Tenant's Work . All such work shall be performed carried out in conformity accordance with a valid permit when requiredthe provisions of this Lease, a copy including the provisions of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances this Section 3.3 governing construction of any governmental entity having jurisdiction over the BuildingLeased Premises.

Appears in 1 contract

Sources: Lease Agreement (Play Co Toys & Entertainment Corp)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain (i) All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond within the scope of the Tenant Improvements Approved Construction Documents, including without limitation delivery, furnishing and installation of: (A) telephone or other communications lines, cables and equipment; (B) computer or office equipment and the cabling associated with same; (C) furniture or fixtures of the Tenant; and (D) security equipment, shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work (considered "Tenant's Work"" and shall be furnished and installed by Tenant at Tenant's expense. (ii) Tenant and its agents shall have the right, at Tenant's own risk, expense and responsibility, subject to the terms of Section 3(d) hereof, to enter the Building: (i) not later than February 15, 2001 (or earlier if the Building is completed to the extent necessary to permit such entry), for the purpose of furnishing and installing telephone, computer or other communications lines and cables and (ii) not less than twenty (20) days prior to the Delivery Date for the purpose of installing its fixtures and equipment (the construction of the Building shall have reasonably progressed toward Substantial Completion such that the Tenant may reasonably initiate such installations and such construction shall continue reasonably so as to permit Tenant's completion of such installations); provided the Tenant does not interfere with or delay the work to be performed by Landlord, Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord, and Tenant obtains Landlord's prior written consent and. if such entry is prior to the Commencement Date, such entry shall be subject to Landlord's prior written approvalall the terms and conditions of this lease, except the payment of Rent. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleFurther, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed subject to the following conditions: (1) At least ten (10) days prior to commencement of Tenant's Work, Tenant shall deliver to Landlord a certificate of insurance for each of Tenant's contractors evidencing adequate insurance coverage naming Landlord and Landlord's agent as additional insureds. (2) In addition to the right of Landlord and its Agents to inspect the Premises set forth in conformity with Section 11 of this lease, Landlord and its Agents shall have the right to conduct a valid permit when required, a copy walk-through inspection of which the Premises as completed by Tenant. (3) The warranties from Tenant's contractor(s) shall be furnished for the benefit of Landlord as well as Tenant and Tenant shall deliver such warranties to Landlord before such work is commencedupon receipt. (4) All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all Laws and Requirements. In Tenant shall deliver to Landlord copies of all certificates of occupancy, permits and licenses required to be issued by any event, all authority in connection with Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingconstruction.

Appears in 1 contract

Sources: Deed of Lease (Dendrite International Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain Any items of work required not shown on the Worklist including, for Tenant's occupancy of example, the Leased Premises, including but not limited to the procurement and installation of furnituretelephone service or furnishings (including wiring and cabling connections or installations) for which Tenant contracts separately, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work expense ("hereinafter “Tenant's ’s Work") ”), shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, ’s policies and schedules and shall perform Tenant's Work be conducted in such a way as not to hinder hinder, cause any disharmony with or delay the operations any work of Landlord or the Contractor improvement in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgeTenant’s suppliers, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors contractors, workmen and mechanics shall be subject to Landlord's approval by Landlord prior written approvalto the commencement of their work, which approval shall not be unreasonably withheld, delayed or conditioned, and shall be subject to ▇▇▇▇▇▇▇▇’s administrative control while performing their work. Tenant shall cause its suppliers and contractors to engage only labor that is harmonious and compatible with other labor working in the Building. In the event of any labor disturbance caused by persons employed by Tenant or ▇▇▇▇▇▇’s contractor, Tenant shall immediately, and at Tenant’s sole cost and expense, take all actions necessary to eliminate such disturbance. If at any time any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic performing Tenant’s Work hinders or delays any other work of improvement in the Building or performs any work which may or does impair the quality, integrity or performance of any portion of the Building, Tenant shall, at Tenant’s sole cost and expense, cause such supplier, contractor, ▇▇▇▇▇▇▇ or mechanic to leave the Building and remove all his tools, equipment and materials immediately upon written notice delivered to Tenant and Tenant shall reimburse Landlord for any repairs or corrections of the Tenant Improvements or Tenant’s Work or of any portion of the Building caused by or resulting from the work of any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic with whom ▇▇▇▇▇▇ contracts. Landlord shall give access to ▇▇▇▇▇▇’s suppliers, contractors, workmen and mechanics prior to the administrative supervision Commencement Date so as to achieve timely completion and occupancy of the ContractorPremises. Tenant's Work Tenant shall comply be responsible for any hoisting charges associated with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ▇▇▇▇▇▇’s Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office Lease (Aptimus Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's ’s occupancy of the Leased Expansion Premises, including but not limited to the procurement and installation of furniture, trade fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's ’s prior written approval. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Expansion Premises during the Early Access Period in order to perform the Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs actually incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon within ten (10) days of demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements: (ai) Tenant's ’s Work shall not proceed until Landlord has approved in writing, such approval not to be unreasonably withheld, conditioned or delayed: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed general plans and specifications for Tenant's ’s Work. (bii) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all of Tenant's ’s Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant’s failure to comply with such applicable laws. (iii) In connection with Tenant’s Work (e.g., delivering or installing furniture or equipment), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord. (iv) Tenant shall pay Landlord within ten (10) days of such demand for any extra expense actually incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.

Appears in 1 contract

Sources: Lease (Design Therapeutics, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy With the exception of the Leased Premisesitems specifically enumerated in Exhibit B as Landlord's Work, including but not limited to the procurement and installation of furnitureTenant shall, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost expense, perform all work and expense. All such work supply all installations described in Exhibit C ("Tenant's Work") and shall fully equip the Premises with all trade fixtures, furniture, furnishings, special equipment and other items necessary for the completion of the Premises and the proper and efficient operation of Tenant's business in accordance with Tenant's plans and specifications as approved by Landlord. All materials, fixtures and furnishings installed by Tenant shall be subject of first class quality, fully paid for by Tenant and shall conform to the general design and character of the Office Building. Tenant shall not undertake any of Tenant's Work or fixture, furnish or decorate the Premises without Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not consent to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when requiredtherefor, a copy complete set of which shall be furnished submitted to Landlord before such work is commencedfor review, approval and initialing. In any eventThereafter, all no changes shall be made in Tenant's Work plans and specifications without the written consent of Landlord. Commencing upon execution hereof, Tenant may have access to the Premises for completion of Tenant's Work, and thereafter shall comply diligently complete its construction in a good and workmanlike manner as provided in accordance with all applicable lawsfederal, codes state and ordinances municipal regulations. Tenant shall do nothing to create any work stoppage, picketing or other labor disruption. Landlord reserves the right to approve Tenant's general contractor and subcontractors, and such approval shall not constitute a waiver of Tenant's obligations hereunder. Landlord further reserves the right to direct Tenant to locate any governmental entity having jurisdiction over unusually heavy items to be located within the BuildingPremises to such areas within the Premises that are particularly reinforced.

Appears in 1 contract

Sources: Lease (Sonic Foundry Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense, but subject to payment of the Allowance (as hereinafter defined) as provided under Paragraph 9 below, shall perform, or cause to be performed, all work described in the lease as the “Tenant’s Work” and desired by Tenant for its initial occupancy of the Premises (herein also referred to as the “Tenant’s Work”), all in accordance with the Plans (as hereafter defined) submitted to and approved by Landlord (which approval shall not be unreasonably withheld or delayed as described in Paragraph 3(b) below). All such work ("The Tenant's Work") ’s Work shall be subject to constructed in a good and workmanlike fashion, in accordance with the requirements set forth herein and in compliance with all applicable statutes, laws, ordinances, orders, codes, rules, regulations, building and fire codes and other governmental requirements, including, without limitation, the ADA and all Building-related construction rules and regulations. Landlord's prior written approval’s review and approval of the Plans or any other submission of Tenant shall create no responsibility or liability on the part of Landlord for such compliance or for their completeness or design sufficiency. Tenant shall adopt a commence the construction schedule of the Tenant’s Work promptly following completion of the pre-construction activities provided for in Paragraph 3 below. Tenant shall coordinate the Tenant's ’s Work in conformance so as avoid material or unreasonable interference with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder any activities being conducted by or delay the operations on behalf of Landlord or and/or other tenants at the Contractor Building from time to time. Notwithstanding anything to the contrary herein, as part of Tenant’s Work, Landlord hereby agrees that Tenant shall have the right, at Tenant’s sole election, to install the following in the BuildingLobby: (a) double glass doors with building standard glass located on the north wall of the Lobby (the “North Wall Glass Doors”) and (b) a single glass door located on the south wall of the Lobby (the “South Wall Glass Door”). Any Landlord and Tenant hereby agree that each of Landlord and Tenant shall be responsible for one-half (1/2) of the reasonable costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demandin manufacturing and installing the North Wall Glass Doors. Landlord shall make all reimburse Tenant for its one-half of such reasonable efforts to notify Tenant costs within thirty (30) days after demand therefore, along with copies of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workpaid invoices. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

Tenant’s Work. Landlord shall improve, renovate and refurbish the Demised Premises for Tenant’s continued use and occupancy pursuant to the provisions of this Revised Exhibit C, and the Construction Drawings and Documents (as defined in 5 hereof). All work shown on the Construction Drawings and Documents shall include, but not be limited to, interior partitions, doors, hardware, wall and floor coverings, lighting, electric power wiring, sprinklers and fire safety equipment, and shall be “Tenant’s Work” and shall be undertaken and paid for as set forth in this Revised Exhibit C; provided, however, that if the base building structure, the base building systems, the common areas and/or the Full-Floor Common Areas do not comply with the Americans with Disabilities Act or any other Law (whether or not the same constitutes an instance of permitted nonconformance) and any changes to the foregoing are required in order to obtain any permit, approval, inspection or other item required for the lawful performance of Tenant’s Work and occupancy of the Demised Premises, then such changes shall be performed at Landlord’s expense and without deducting the costs thereof from the Workletter Allowance. The cost of the Base Building Work shall not be chargeable against the Workletter Allowance. Landlord at its own cost and expense shall provide space planning services to Tenant to facilitate preparation of the Construction Drawings and Documents. Landlord shall solicit bids for the trades for Tenant’s Work from not less than three (3) qualified contractors per trade. Tenant may select up to three (3) qualified contractors per trade to bid on Tenant’s Work, subject to Landlord’s reasonable approval of the same. Landlord and Tenant acknowledge shall jointly, reasonably and agree that certain work required expeditiously choose the trade contractors for Tenant's occupancy ’s Work based on their reasonable evaluation of the Leased Premisesbid price, including but not limited to the procurement contractor’s reliability and installation reputation for quality workmanship, size of furniturejobs performed and timeliness of performance, fixturesthe contractor’s past job performance with them, equipment, artwork and interior signage are beyond the scope ability of the Tenant Improvements bidding contractor to satisfy licensing and shall be performed by Tenant or its contractors at insurance requirements for the job. The trade contract for Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Tenant’s reasonable approval and, at Tenant’s request, shall be a guaranteed maximum price contract. Landlord or one of Landlord's prior written approval. Tenant ’s affiliates shall adopt act as construction manager for the job and shall be entitled to receive a construction schedule for Tenant's Work in conformance with management fee comprised of the Contractor's schedule, Overhead and shall perform Tenant's Work in such a way Profit as not to hinder or delay the operations of Landlord or the Contractor set forth in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workparagraph 3. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease (Ikanos Communications)

Tenant’s Work. Landlord Upon Landlord's tender of possession of the Premises consistent with Sections 2.1 and Tenant acknowledge 2.2 above and agree that certain work required for Tenant's occupancy receipt of Landlord's approval of Plans and of necessary governmental permits and approvals, as referenced in the Leased Premisesattached EXHIBIT C, including but not limited to the procurement and installation of furnitureTenant, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work , will promptly commence construction of its building and related improvements ("BUILDING") and installation of fixtures, equipment and other items of "Tenant's Work" as identified on the attached EXHIBIT C ("TENANT'S WORK"), and shall diligently pursue such work to completion. So long as Non-Disclosure Agreements are executed as provided in section 4 of the attached EXHIBIT C (in the form attached as EXHIBIT F), Tenant shall submit to Landlord, for review and approval by Landlord and Sam's West, Inc. ("SAM'S") shall (and, if required by the WalMart Agreements, Wal-Mart), Tenant's drawings showing the Building and site improvements to be subject constructed by Tenant, including the site plan, grading plan, landscaping plan, floor plan, parking plan and necessary elevations, before submitting the same to Landlord's prior written approvalthe City of Northlake (the "CITY") for permits. Tenant shall adopt will also provide to Landlord a good faith estimate of the total costs of construction schedule for of the Building (excluding furniture, fixtures and equipment ("FF&E") which Tenant is entitled to remove at the end of the Lease term). The Building, site improvements and other items of Tenant's Work in conformance will be constructed by Tenant at its sole expense (subject only to the provisions of the attached EXHIBIT C concerning the Construction Allowance). Upon Tenant's or its employees, agents or contractors entering the Premises prior to the Commencement Date for any purpose (including without limitation, the performance of Tenant's Work), all covenants and conditions of this Lease shall apply to the parties as if the Term had begun at such time, with the Contractor's scheduleexception of provisions as to Minimum Rent, Percentage Rent, Additional Rent and any other charges payable by Tenant, which shall perform go into effect as of the Commencement Date, even if Tenant's Work in such a way as is not to hinder or delay completed; PROVIDED, however, the operations of Landlord or Commencement Date for the Contractor Term and for rental obligations shall be delayed by one (1) day for each day, if any, that Tenant is delayed in the Building. Any costs incurred by Landlord as a result performance or completion of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all by the actions or inactions of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)

Tenant’s Work. Landlord (a) Tenant acknowledges that it has made a full and complete inspection of the demised premises, and Tenant acknowledge agrees to accept same on the Commencement Date in their present "as-is" condition, except for the performance of Landlord's Work described on EXHIBIT B. Prior to the Commencement Date, Landlord, at no cost to Tenant, shall remove all asbestos and agree asbestos containing materials from the demised premises to the extent required to be removed under applicable law. Landlord agrees to deliver to Tenant a so-called original form ACP-5 in respect of the demised premises prior to Tenant obtaining its building permits. Except as set forth herein, Tenant acknowledges that certain neither Landlord, nor Landlord's agent, has made any representations or promises in regard to the demised premises. The opening for business by Tenant in the demised premises shall be conclusive evidence as against Tenant that the demised premises were in good and satisfactory condition at the time such possession was taken. Tenant's failure, refusal or inability to open for business in the demised premises shall not be deemed evidence that the demised premises were not in good or satisfactory condition. (b) Any installations, materials and work required which may be undertaken by or for the account of Tenant to equip, decorate and furnish the demised premises for Tenant's for Tenant's initial occupancy of the Leased Premises, including but not limited thereof (hereinafter referred to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and as "TENANT'S WORK") shall be performed by Tenant or its contractors Tenant, at Tenant's sole cost and expense. All such work expense in accordance with the terms, covenants and conditions set forth in this lease, including, without limitation, Article 42 hereof. ("c) In connection with Tenant's Work, Tenant shall be permitted (subject to the applicable provisions of this Lease) to use the area above any hung ceiling of the floor below the demised premises and similar areas outside of the demised premises for the installation of plumbing or poke through electrical devices and similar items as Tenant may reasonably require. (d) Landlord acknowledges that the 14th and 15th floors are currently non re-entry floors for all fire stairs. Landlord agrees not to reprogram the 14th or 15th floor unless required to do so by changes in governmental requirements. (e) Landlord's rules and regulations for tenant's work to the contrary notwithstanding, Landlord acknowledges that, in connection with Tenant's Work, it shall require one (1) hour rated demising and corridor walls with 3/4 hour doors, for sprinklered multi-tenant floors in compliance with applicable codes, and that two (2) hour and one and one half (1 1/2) hour rated doors shall not be required. (a) Landlord agrees to pay to Tenant, in accordance with, and subject to, the provisions of this Section B, an amount not to exceed the lesser of (i) the cost for Tenant to perform all items of Tenant's Work in the demised premises (including architectural, engineering, expediter and inspection fees, and fees for all municipal and other permits, licenses and approvals (hereinafter referred to as "SOFT-COSTS"), all to the extent that same are directly related to the Tenant's Work (as opposed to being related to furniture, furnishings or other non-"hard cost" items) and do not exceed, in the aggregate, ten (10%) percent of the Construction Payment (as hereinafter defined)), other than the cost of items which constitute Tenant's personal property and which are removable by Tenant from the demised premises on the Expiration Date, and (ii) $2,424,555.00, (such lesser amount being hereinafter referred to as the "CONSTRUCTION PAYMENT"), provided that at the time Landlord is otherwise obligated to make such payment of the Construction Payment or any portion thereof, Tenant is not in breach or default of any of the terms, covenants and conditions of this lease on Tenant's part to observe, perform or comply with. Pursuant to EXHIBIT B attached hereto, Landlord has agreed to perform certain Electrical Upgrading Work, the cost of which shall be subject to Landlord's the approval of Tenant prior written approval. Tenant to the commencement of such work, which approval shall adopt a construction schedule for not be unreasonably withheld or delayed by Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors which approval shall be promptly paid by deemed given if Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject does not respond to Landlord's prior written approval, and request therefor within five (5) days after Landlord gives such request to Tenant. In the administrative supervision of event Landlord expends more than $70,000.00 to perform such Electrical Upgrading Work (such additional amount being referred to as the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord"EXCESS AMOUNT"), the Contractor, and Excess Amount shall be deducted from the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkConstruction Payment otherwise payable to Tenant hereunder. (b) Subject to the provisions of this Section, Landlord hereby agrees to make periodic payments of portions of the Construction Payment to Tenant as Tenant's Work progresses, in accordance with the terms and conditions hereinafter set forth (the "CONSTRUCTION PAYMENT CONDITIONS"): (i) Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished submit to Landlord before from time to time, but not more often than once per month, requisitions (herein referred to as "TENANT'S REQUEST") for such work is commenced. In any event, all periodic payment with respect to the portion(s) of Tenant's Work performed subsequent to the immediately preceding Tenant's Request, the form of which Tenant's Request shall comply be designated by Landlord, together with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.following:

Appears in 1 contract

Sources: Office Lease (Thestreet Com)

Tenant’s Work. Landlord The Architectural Drawings and Tenant acknowledge Specifications and agree that certain work required for Tenant's occupancy of the Leased PremisesEngineering Plans and Specifications, including but not limited to as approved by Landlord, shall thereupon collectively constitute the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's WorkPlans") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work improve the Premises in conformance accordance with the Contractor's scheduleTenant’s Plans. The work set forth in the Tenant’s Plans is hereinafter referred to as “Tenant’s Work”. From and after the date of Landlord’s approval of the Tenant’s Plans, any changes to the Tenant’s Plans, except Permitted Changes (as defined in Paragraph 6 hereof), shall not be binding unless approved in writing by both Landlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed with respect to Tenant’s Work that does not affect Building systems or the Building structure. Landlord’s approval of the Tenant’s Plans shall constitute approval of Tenant’s design concept only and shall perform Tenant's Work in such no event be deemed a way as not to hinder representation or delay the operations of Landlord or the Contractor in the Building. Any costs incurred warranty by Landlord as a result of to whether the Tenant’s Plans comply with any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and legal requirements applicable to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) ’s Plans and Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any eventthe performance of Tenant’s Work, all Tenant's Work Tenant shall comply with all applicable laws, codes and ordinances regulations. Tenant shall obtain all permits, certificates and other governmental approvals from all governmental entities having jurisdiction thereover which are necessary for the prosecution and completion of Tenant’s Work. Tenant’s Work shall include, but not be limited to, the cost of all permits and governmental inspections, all architectural and engineering fees, the preparation and delivery to Landlord of a complete set of “as-built” plans showing Tenant’s Work, in hard copy and an electronic version thereof which is acceptable to Landlord (the "As-Built Plans") (which As-Built Plans shall be delivered to Landlord not later than the tenth (10th) day following the substantial completion of Tenant’s Work). Prior to commencing Tenant’s Work, Tenant shall provide to Landlord the name and address of each contractor and subcontractor which Tenant intends to employ to perform Tenant’s Work, the use of which subcontractors and contractors shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed if (1) the contractor or subcontractor is properly licensed, and (2) neither Landlord nor any affiliate of Landlord has had no prior experience with such contractor or subcontractor which was unsatisfactory to Landlord. Prior to the commencement of any governmental entity having jurisdiction over of Tenant’s Work, Tenant shall deliver to Landlord, with respect to each contractor and subcontractor which Tenant intends to employ to perform any of Tenant’s Work, a certificate of insurance from each such contractor or subcontractor specifying Landlord as a named insured and evidencing that each such contractor or subcontractor has obtained the Buildingapplicable insurance coverages described in Section 17.B. of the Lease. Said contractors and subcontractors shall also comply with other reasonable industry requirements of Landlord. Tenant shall pay to Landlord a coordination fee in an amount equal to one percent (1%) of the cost of Tenant’s Work (the "Coordination Fee"), which Coordination Fee shall be deducted from the Tenant Allowance to the extent that funds are available therefrom for such purpose or otherwise paid directly by Tenant to Landlord upon the substantial completion of Tenant’s Work.

Appears in 1 contract

Sources: Deed of Lease (Novavax Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Promptly after approval of Tenant's occupancy of the Leased PremisesPlans, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements ------------- shall commence and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such exercise all reasonable efforts to complete the work specified therein ("Tenant's Work") ). All Tenant's Work shall be subject to Landlordcompleted in accordance with the approved Tenant's prior written approvalPlans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant shall adopt a construction schedule Copies of all permits and approvals required for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and furnished to the administrative supervision of the ContractorLandlord promptly upon receipt thereof. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for payment, performance and ▇▇▇▇ ▇▇▇▇▇ in conformity with the full amount of the contract sum; provided, however, that the Tenant may have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a valid permit when requiredresult of, a or arising out of, the defaults or other acts or omissions of the general contractor. A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant's Work. In addition, the Landlord may monitor the progress of Tenant's Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant's Work. Within forty-five (45) days of completion of any Tenant's Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord "as-built" plans showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant's Work. Nothing herein shall be construed as permitting the Tenant to occupy all or any portion of the Premises for which the Tenant has not obtained a certificate of occupancy or otherwise failed to comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildinglegal requirements as set forth herein.

Appears in 1 contract

Sources: Sublease (Lifef X Inc)

Tenant’s Work. Landlord Tenant will engage, at its expense (except as provided below), its own architect or engineer to produce plans and Tenant acknowledge specifications ("Plans and agree that certain work Specifications") for the "build-out" of the Premises required to prepare the Premises for the conduct of Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work business therein ("Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for Tenant's Work in conformance with Without limiting the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision generality of the Contractor. foregoing, Tenant's Work shall comply with also include the construction of all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, demising walls within or around the Premises; (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, common bathrooms and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, corridors leading thereto and (iii) complete accessways leading to the Premises, excluding demising walls leading to the loading dock referred to in Section 1 above. The Plans and detailed plans and Specifications shall set forth, among other things, (i) specifications for the use, operation and testing of Tenant's emergency generator and associated fuel tank and (ii) the items of Tenant's Work which Tenant shall be required to remove from the Premises at the expiration or earlier termination of this Lease ("Tenant's Removal Items"). Landlord shall provide, at Tenant's expense, temporary power to the Premises from existing sources during construction of Tenant's Work.. Prior to the commencement of Tenant's Work, Tenant shall deliver the Plans and Specifications to Landlord for its written approval, which approval shall not be unreasonably withheld or delayed. Landlord shall respond to Tenant's request for approval of its Plans and Specifications within ten (10) business days after receipt thereof; the failure of Landlord to respond within said period shall constitute approval of the Plans and Specifications. In the event that Landlord shall not approve the Plans and Specifications, Landlord shall notify Tenant of its objections thereto. Landlord and Tenant shall thereafter work cooperatively and in good faith to reach agreement upon mutually acceptable Plans and Specifications. Landlord shall not be deemed to be unreasonably withholding its consent to the Plans and Specifications if, among other things: (bI) the Plans and Specifications do not contain sufficient detail to enable Landlord to evaluate the effect including, without limitation, noise, vibration, odor and emissions, on the Building and Landlord's other tenants of Tenant's Work shall be performed in conformity with a valid permit when required, a copy installation and testing of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes emergency generator and ordinances of any governmental entity having jurisdiction over associated fuel tank (the Building."Generator Effect");

Appears in 1 contract

Sources: Lease Agreement (BGS Systems Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for (a) Landlord's approval, which approval shall not be unreasonably withheld or delayed, of Tenant's occupancy Plans and Specifications shall, in no event, be deemed to create any obligation on the part of Landlord to do any work or make any installations in or about the Leased PremisesPremises or to authorize Tenant to make any further additions, including but not limited improvements or alterations to the procurement and installation of furniturePremises. (b) Tenant shall perform, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such , all of the work (the "Tenant's Work") shown on Tenant's Plans and Specifications substantially in accordance with Tenant's Plans and Specifications. Any changes to Tenant's Plans and Specifications (or any variations in Tenant's Work from the Tenant's Plans and Specifications) shall be subject to the approval of Landlord which approval will not be unreasonably withheld or delayed. Any Tenant Plan provided to Landlord for approval under the provisions of this Lease shall be deemed approved unless Landlord shall, within ten (10) days of the submission of said plan, notify Tenant of the disapproval of such plan and the reason(s) for such disapproval. This Subsection (b) and Section 9.4 shall apply before and during the Term of this Lease. All of the Tenant's Work and all alterations, additions and installation of furnishings shall be coordinated with any work being performed by Landlord in the Building and in such manner as to maintain harmonious labor relations and not damage the Property or interfere with Building construction or operation and shall be performed by Tenant's general contractor, which contractor and all subcontractors shall be named on a written list submitted to Landlord and shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld or delayed and any such approval shall be deemed given unless Landlord shall within five (5) Business Days of Landlord's prior written approvalreceipt of Tenant's submission of the name of such contractor or subcontractor notify Tenant of Landlord's disapproval of such party and the reasons for such disapproval. Tenant shall adopt a construction schedule have the right to use any contractor or subcontractor appearing on the list submitted to and approved by Landlord. Tenant acknowledges and agrees that ▇▇▇▇▇▇▇▇ Construction shall have the right to bid on all of Tenant's Work, including, without limitation, the installation of the roof top HVAC system. Tenant hereby assumes all responsibility in connection with Tenant's Work. Tenant shall be responsible for any labor difficulties or delays in Tenant's Work in conformance with and the Contractor's schedule, and shall perform Tenant's Work in such a way as Commencement Date will not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord be delayed as a result of delays in work. Tenant, before its work is started, shall: secure all licenses, approvals and permits necessary therefor and deliver copies thereof to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor and subcontractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord may reasonably require but in no event less than a $2,000,000.00 combined single limit (all such insurance to be written in companies approved by Landlord, which approval will not be unreasonably withheld or delayed, and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any interference work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Property and immediately to discharge any such liens which may so attach and, at the request of Landlord to deliver to Landlord security satisfactory to Landlord against liens arising out of the furnishing of such labor and material, including, without limitation, evidence of bonding over said liens with performance, payment and ▇▇▇▇ ▇▇▇▇▇ in favor of Landlord and Tenant. Upon completion of any work done on the Premises by Tenant, its agents, employees, or independent contractors, Tenant shall promptly deliver to Landlord original lien releases and waivers executed by each contractor, subcontractor, supplier, materialmen, architect, engineer or other party which furnished labor, materials or other services in connection with such work and pursuant to which all liens, claims and other rights of such party with respect to labor, material or services furnished in connection with such work are unconditionally released and waived. (c) Prior to commencing occupancy, Tenant shall, at its sole expense, procure a Certificate of Occupancy for its Premises and any other permit or approval required by the Town of Framingham or the Commonwealth of Massachusetts for its use and occupancy of the Premises and shall deliver copies thereof to Landlord's operations . Entry by Tenant or its agents or contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant for the purpose of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. performing Tenant's Work and/or decorations and/ or for installation of equipment and furnishings in the Premises shall comply with all be permitted by Landlord during normal business hours on Business Days. Commencing on Tenant's Access Date, Tenant shall have such access as is reasonably necessary to allow Tenant to perform Tenant's Work. Tenant, from and after the date of such entry, shall be bound prior to the following requirements: Commencement Date by the provisions contained in this Lease (aexcept the obligation to pay Annual Rent, Operating Cost Escalations and Real Estate Tax Escalations) notwithstanding that such entry and Tenant's Work will occur prior to the Commencement Date of this Lease. In no event shall not proceed until Landlord has approved in writing: (i) the Commencement Date of this Lease be delayed by reason of Tenant's contractors, (ii) proof of failure to complete the amount and coverage of public liability and property damage insurance carried by work described in Tenant's contractors Plans and Specifications prior to the Commencement Date as it is defined in Section 3.1 hereof unless such failure is the form result of an endorsed insurance certificate naming Landlord's failure to fulfill its obligations hereunder. All deliveries of equipment, furnishings, fixtures and construction materials and equipment (collectively, "Work Materials") to (and all removals of such Work Materials from) the Contractor, and the agents of Landlord and the Contractor as additional insureds, Premises in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) connection with Tenant's Work shall be performed in conformity a manner so as to minimize harm to the Building and interference with a valid permit when requiredother tenants of the Property. Tenant shall take such protective measures as Landlord may require in order to protect the Building or any part thereof from injury or damage due to, a copy or in connection with, Tenant's Work. Tenant shall not store any materials or equipment on any sidewalks or streets adjacent to the Building caused by Tenant's Work. Tenant shall remove all debris, trash and construction rubbish from the Premises and the Building. Tenant shall keep all areas of which shall be furnished the Building and all sidewalk and street areas adjacent to Landlord before such work is commenced. In any event, all the Building free of trash and debris from Tenant's Work and shall, upon completion of its work, clean all areas of the Building, sidewalks and streets affected thereby. Tenant shall not damage, deface or injure the Building or any part thereof in connection with the Tenant's Work and shall promptly reimburse Landlord for the cost of repairing and/or replacing any damage, defacement or injury to the Building caused by Tenant, its employees, workmen, contractors, subcontractors, materialmen and all other parties who are involved in performing all or any part of Tenant's Work. Tenant shall comply with all applicable laws, codes orders, rules, regulations and ordinances demands of any governmental entity having jurisdiction over the BuildingTown of Framingham in loading and unloading and delivering and removing materials relating to Tenant's Work and Tenant's Removable Property to and from the Premises.

Appears in 1 contract

Sources: Lease (Aquila Biopharmaceuticals Inc)

Tenant’s Work. Landlord shall improve, renovate and refurbish the Demised Premises for Tenant’s continued use and occupancy pursuant to the provisions of this Exhibit C, and the Plans (as defined in 4(b) hereof). All work shown on the Plans shall include, but not be limited to, interior partitions, doors, hardware, wall and floor coverings, lighting, electric power wiring, sprinklers and fire safety equipment, and shall be “Tenant’s Work” and shall be undertaken and paid for as set forth in this Exhibit C; provided, however, that if the base building structure, the base building systems, the common areas and/or the Full-Floor Common Areas do not comply with the Americans with Disabilities Act or any other Law (whether or not the same constitutes an instance of permitted nonconformance) and any changes to the foregoing are required in order to obtain any permit, approval, inspection or other item required for the lawful performance of Tenant’s Work and occupancy of the Demised Premises, then such changes shall be performed at Landlord’s expense and without deducting the costs thereof from the Workletter Allowance. The cost of the Base Building Work shall not be chargeable against the Workletter Allowance. Landlord at its own cost and expense shall provide space planning services to Tenant to facilitate preparation of the Plans. Landlord shall solicit bids for the trades for Tenant’s Work from not less than three (3) qualified contractors per trade. Tenant may select up to three (3) qualified contractors per trade to bid on Tenant’s Work, subject to Landlord’s reasonable approval of the same. Landlord and Tenant acknowledge shall jointly, reasonably and agree that certain work required expeditiously choose the trade contractors for Tenant's occupancy ’s Work based on their reasonable evaluation of the Leased Premisesbid price, including but not limited to the procurement contractor’s reliability and installation reputation for quality workmanship, size of furniturejobs performed and timeliness of performance, fixturesthe contractor’s past job performance with them, equipment, artwork and interior signage are beyond the scope ability of the Tenant Improvements bidding contractor to satisfy licensing and shall be performed by Tenant or its contractors at insurance requirements for the job. The trade contract for Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Tenant’s reasonable approval and, at Tenant’s request, shall be a guaranteed maximum price contract. Landlord or one of Landlord's prior written approval. Tenant ’s affiliates shall adopt act as construction manager for the job and shall be entitled to receive a construction schedule for Tenant's Work in conformance with management fee comprised of the Contractor's schedule, Overhead and shall perform Tenant's Work in such a way Profit as not to hinder or delay the operations of Landlord or the Contractor set forth in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workparagraph 3. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Ikanos Communications)

Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain shall complete all work required to prepare the Premises for Tenant's occupancy ’s use and occupancy, at Tenant’s sole cost, in accordance with the plans and specifications approved by Landlord (“Tenant’s Work”), which shall specifically include, but not be limited to, slab work and the installation of a sprinkler system with the riser room located within the Premises, rooftop mechanical equipment for Tenant’s freezer, rooftop HVAC system and rooftop satellite dishes, if any, subject to the Satellite Dish or Antenna requirements in Paragraph 52 below. Tenant shall have access to the rooftop of the Leased Premises, including but not limited to Premises without being charged a rooftop access fee by Landlord. Tenant shall equip the procurement and installation of Premises with all furniture, fixtures, equipmentand equipment necessary for the operation of Tenant’s business. Within 20 days from and including the Effective Date, artwork Tenant shall submit to Landlord for approval, complete construction plans and interior signage are beyond the scope of the Tenant Improvements specifications, prepared by licensed architects and shall be performed engineers previously approved in writing by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval, describing ▇▇▇▇▇▇’s Work in CAD file format. Tenant shall adopt a not commence any construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed Premises until Landlord has approved Tenant’s plans such approval not to be unreasonably withheld, conditioned or delayed. Within five business days from and including the date Landlord approves Tenant’s plans, Tenant shall use commercially reasonable efforts to apply for all permits, approvals, and licenses necessary for Tenant to perform Tenant’s Work and operate Tenant’s Permitted Use in writing: the Premises (the “Permits”). Tenant thereafter shall pursue approval of the Permits with all continuity, diligence, and dispatch. Tenant shall provide Landlord with copies of all permit applications and other government filings contemporaneous with submitting the same to the applicable governmental authority. Landlord shall provide full reasonable cooperation to Tenant with applicable authorities in connection with obtaining and renewing any permits, and any reporting requirements for the operation of Tenant’s business. If the Permits are not issued by the 150th day from and including the Effective Date of this Lease, then Landlord may, upon notice to Tenant, elect either to (i) Tenant's contractors, terminate this Lease at any time thereafter; or (ii) proof pursue any such open permit on ▇▇▇▇▇▇’s behalf at Tenant’s cost for a period of sixty (60) days; and Tenant shall cooperate with Landlord in such efforts; provided, however, in the event Landlord is unable to obtain the Permits during such 60 day period, Tenant may terminate this Lease, after expiration of the amount 60 day period. Once the Permits are available to be picked-up, Tenant promptly shall pick-up such Permits, retain a contractor, commence and coverage complete Tenant’s Work, obtain a certificate of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractoroccupancy, and the agents open for business. Upon receipt of Landlord Tenant’s permits, Tenant shall retain a contractor, commence and the Contractor as additional insuredscomplete Tenant’s Work, in an amount not less than two million dollarsobtain a certificate of occupancy, and (iii) complete and detailed plans and specifications open for Tenant's Workbusiness as set forth in this Lease. For Construction Allowance, See, Rider Section 47. (b) Tenant's Work The following shall apply whenever ▇▇▇▇▇▇ is performing work in/at the Premises, including ▇▇▇▇▇▇’s Work: Tenant shall not perform any other work in or outside the Premises during the Term without Landlord’s consent such consent not to be unreasonably withheld, conditioned or delayed. All work shall be performed in conformity a good and workmanlike manner and in compliance with applicable laws, building codes, and safety standards/regulations. Tenant shall pursue completion of such work with all continuity, diligence, and dispatch. Landlord shall have the right to enter the Premises at reasonable times to inspect Tenant’s work. ▇▇▇▇▇▇▇▇’s approval of any plans and consent to perform the work described therein shall not constitute an agreement that such plans or work conform to applicable legal requirements. Tenant shall not install any equipment that will exceed the capacity of any utility. Tenant may retain only licensed and insured contractors approved by Landlord who shall comply with Landlord’s Contractor’s Rules and Regulations; provided however, Tenant’s critical vendors are attached hereto as Exhibit D and are hereby approved by Landlord. Within 60 days of completing Tenant’s Work, Tenant shall send Landlord a valid permit when required(1) copy of Tenant’s certificate of occupancy (temporary, if applicable) and (2) set of as-built drawings of the Premises in CAD file format. Tenant promptly shall procure the cancellation or discharge of all notices of violation arising from Tenant’s work. Tenant promptly shall pay all contractors and materialmen for Tenant’s work; and procure, at ▇▇▇▇▇▇’s expense, the satisfaction or discharge of record of all liens and encumbrances within 30 days after ▇▇▇▇▇▇’s receipt of notice of the filing thereof. In the event Tenant fails to respond to Landlord within 5 business days, Landlord may, at its option, bond, or pay-off the lien or claim amount without inquiring into the validity thereof; and Tenant shall reimburse Landlord for Landlord’s expenses incurred to discharge said lien (including reasonable attorney’s fees) and an administrative charge of [*****]. Landlord may post at the Premises notices of non-responsibility, or such other notices that under applicable law will preclude the filing of a mechanic’s lien. Tenant will indemnify Landlord and save Landlord harmless from and against all claims, actions, suits at law or equity, judgments, expenses, damages, costs, liabilities, fines, and debts in connection, arising from or in any way related to: any injury, loss, or damage arising from any of Tenant’s work, including any labor strife (including legal fees and/or private security expenses) and any mechanic’s and other liens and encumbrances filed in connection with ▇▇▇▇▇▇’s work (including Landlord’s reasonable legal fees). (c) With respect to ▇▇▇▇▇▇’s Work and any future work performed by ▇▇▇▇▇▇ during the Term, Tenant shall comply with the rules and regulations of the Texas Architectural Barriers Department of the Texas Department of License and Regulation (“TDLR”) regarding compliance with the Americans With Disabilities Act of 1990, as amended and modified. Tenant’s obligations hereunder shall extend to the Premises and any work in the Common Areas triggered by such Tenant work. In the event that the cost to perform such Tenant work exceeds [*****], then within thirty (30) days of completing of such Tenant’s work, Tenant shall obtain an inspection report of the Premises and the Common Areas within the immediate vicinity thereof from a certified accessibility specialist to confirm Tenant’s compliance herewith (the “TDLR Report”). Tenant shall use the Shopping Center’s designated certified accessibility specialist [*****] (the “Center CAS”) to conduct the TDLR inspection. In the event that Tenant does not use Center CAS, Tenant shall be liable for all costs and expenses to render the Premises, Common Areas, and any other parts of the Shopping Center in compliance with TDLR Report, including the costs incurred to obtain a TDLR compliance certificate. Tenant shall provide Landlord with a copy of the TDLR Report promptly upon ▇▇▇▇▇▇’s receipt. Within sixty (60) days from the date of the TDLR Report, Tenant will correct any non-compliance issues identified in the TDLR Report in the Premises in the manner required by the TDLR Report. Landlord will correct any non-compliance issues in the Common Area identified in the TDLR Report in the manner required by the TDLR Report and Tenant shall reimburse Landlord for the reasonable out-of-pocket costs incurred in connection therewith plus a [*****] construction management fee. (d) Notwithstanding the foregoing, Tenant shall have the right to make, without Landlord’s consent, non-structural Alterations to the Premises which do not exceed in cost [*****] in the aggregate during each Lease Year or alterations that are of a cosmetic nature such as painting, wallpapering and carpeting, or involves redecorating the interior of the Premises; is not visible from outside the Premises; will not affect the systems or structure of the Premises, including work to be performed inside the walls or above the ceiling of the Premises. In addition, in the event the FDA, MHRA, or any other regulatory or governmental agency requires any alterations to the interior of the Premises for the continued operations of Tenant’s business, then Tenant shall be furnished permitted to Landlord before make such work is commenced. In any eventalterations to the interior of the Premises with prior notice to, all Tenant's Work shall comply with all applicable lawsbut without consent of, codes and ordinances of any governmental entity having jurisdiction over the BuildingLandlord.

Appears in 1 contract

Sources: Lease Agreement (Kamada LTD)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased PremisesAll finishing work, including but not limited to the procurement and installation of furnitureequipment installation, fixturescabling, equipment, artwork and interior signage are beyond wall finish for the scope of the Tenant Improvements and shall be performed by Tenant offices, or its contractors at Tenant's sole cost and expense. All such other work (the "Tenant's Work") desired by Tenant, if any, and not initially or thereafter included in the Improvements, shall be performed by Tenant, at Tenant's expense, through contractors selected by Tenant and approved by Landlord, which approval shall not to be unreasonably withheld or delayed; provided that Landlord's approval shall not be required for contractor's or subcontractors who provide materials or labor the aggregate cost of which is estimated not to exceed $25,000. Landlord and Tenant shall each cause their respective general contractor and/or subcontractors for the Improvements and Tenant's Work to cooperate with each other in facilitating the mutual access to the Leased Premises and in coordinating the timing of the stages of the Improvements and the Tenant's Work so as to facilitate the completion on a timely basis. To the extent reasonably possible and without having to incur additional expense, Landlord shall, prior to Substantial Completion, provide Tenant with access to the Leased Premises and storage space at the site for Tenant's equipment, trade fixtures, and other property in connection with Tenant's Work and shall furnish water, electricity and HVAC to the Leased Premises during the performance of any Tenant's Work to the extent the same are then available at the Leased Premises; provided that, Tenant shall reimburse Landlord or Contractor, as applicable, within fifteen (15) days after written demand, for the cost of any such utility services used by Tenant determined by Contractor and agreed to by Tenant, such not to be unreasonably withheld, to be in excess of that which would otherwise have been used by Contractor, or its subcontractors, in the course of constructing the Improvements. The performance by Tenant of Tenant's Work prior to the Commencement Date shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof terms and conditions of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkArticle 10 hereof. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Tenant’s Work. Landlord Tenant shall be responsible for any and Tenant acknowledge all construction, design and agree that certain work required for Tenant's occupancy specifications of the Leased interior of the Premises deemed necessary by Tenant for its initial occupancy and operations (the “Initial Tenant Work”) including without limitation interior wall finish, finished ceilings, finish flooring, interior utilities design, including, gas, water, sewer, telephone and electricity, mechanical, plumbing and electrical systems, including HVAC, the interfaces between interior utility lines and the lines brought to the wall and/or floor of the Premises, including but not limited to the procurement interior decor and installation of furnituresignage, railings, banisters, Tenant’s trade fixtures, equipmentand the interface between the Building’s mechanical and utilities systems and Tenant’s trade fixtures, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvalapproval in accord with Section 4.5. Tenant shall adopt a construction schedule also be responsible to perform and pay for designing, planning, acquiring and installing Tenant's Work in conformance with the Contractor's schedule’s trade fixtures and equipment, including without limitation, Tenant’s exterior signs, cabinetry, phone system, and intercom system. Tenant shall perform Tenant's Work in such a way as not to hinder or delay overload the operations of Landlord or electrical wiring serving the Contractor in the Building. Any costs incurred by Landlord as a result of any interference Premises and will install, at its expense, with Landlord's operations by Tenant ’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Where required under any provision in this Lease, except as otherwise expressly set forth, Landlord’s consent or its contractors written approval shall not be promptly paid by Tenant to Landlord upon demandunreasonably withheld. Landlord shall be under no obligation to make any repairs, replacements, reconstruction, alterations, or improvements to or upon the Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for herein. For such work as Tenant may perform from time to time, including both the Initial Tenant Work and any future Tenant Improvements (as defined below), Tenant agrees to obtain its own policy of builder’s risk insurance and, if applicable, general liability insurance for any such work and workers compensation insurance for any persons who perform Tenant’s work. Tenant shall bear and pay the expenses incurred in performing all reasonable efforts of Tenant’s work and all fees, charges and costs of permits and licenses relating to notify Tenant’s work. Tenant shall bear the fees and costs of Tenant’s architect in developing Tenant’s work and, except as provided below, shall not be reimbursed from Landlord. Landlord shall not be required to perform any work or incur any costs in connection with the construction or demolition of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors improvements in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkPremises. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Commercial Lease (MJ Holdings, Inc.)

Tenant’s Work. Landlord Promptly after approval of Tenant’s Plans, the Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (‘Tenant’s Work”). All Tenant’s Work shall be completed in accordance with the approved Tenant’s Plans and the requirements for alterations and improvements made by or on behalf of Tenant acknowledge set forth in this Lease. Copies of all permits and agree that certain work approvals required for Tenant's occupancy of the Leased Premises, including but not limited ’s Work shall be furnished to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Landlord promptly upon receipt thereof. Tenant’s Work shall be performed by a general contractor approved by the Landlord, under a written construction contract providing for payment, performance and ▇▇▇▇ ▇▇▇▇▇ in the full amount of the contract sum; provided, however, that the Tenant or its may have Tenant’s Work competitively bid by several general contractors at Tenant's sole cost approved in advance by the Landlord and expense. All the Tenant may select among such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with general contractors the Contractor's schedule, and shall general contractor that will perform Tenant's Work in such a way as ’s Work. The approval by the Landlord of the Tenant’s general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord Tenant as a result of any interference with Landlord's operations by Tenant of, or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgearising out of, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision defaults or other acts or omissions of the Contractorgeneral contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant’s Work. In addition, the Landlord may monitor the progress of Tenant’s Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant’s Work, except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant’s Work by the Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant’s Work. Within forty-five (45) days of completion of any Tenant’s Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord “as-built” plans showing precisely how and where Tenant’s Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant’s Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant’s Work. Nothing herein shall be construed as permitting the Tenant to occupy all Tenant's Work shall or any portion of the Premises for which the Tenant has not obtained a certificate of occupancy or otherwise failed to comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildinglegal requirements as set forth herein.

Appears in 1 contract

Sources: Assignment and Assumption of Lease Agreement (Tangoe Inc)

Tenant’s Work. Tenant's consultants shall have access, at the times and in the manner set forth below, to the Leased Premises during the construction period to install cabling, wiring and Tenant's equipment and fixtures ("Tenant's Installations"). With respect to Tenant's Work or Installations, Tenant shall have the right to retain contractors, union or non-union to fabricate millwork, including shelving, work surfaces, etc., and to install equipment, subject only to obtaining the prior written approval of Landlord and Tenant acknowledge shall have the right to perform data and agree that certain work required phone switch installation using its own employees, contractors and consultants. Landlord's approval of contractors for Tenant's occupancy Work Installations, which may not be unreasonably withheld, conditioned or delayed, shall be based upon considerations such as whether the contractor is properly licensed, his financial condition, experience and past job performance. Upon the request of Tenant, Landlord shall grant to Tenant and its contractors non-exclusive access to the Leased PremisesPremises (the "Non-Exclusive Access Period") (a) during construction of Landlord's Work, including but not limited upon ten (10) days' prior oral or written advice to Tenant, at such times and for such periods as reasonably necessary for the procurement orderly and efficient delivery, construction and installation of furniture, fixtures, equipment, artwork Tenant's Installations and interior signage are beyond (b) during the scope of thirty-day (30) period immediately prior to the Tenant Improvements and anticipated date on which the Leased Premises shall be performed by ready for Tenant's occupancy, at reasonable times, for the purpose of installing the Tenant's Work or Installations, provided, however, that the installation of Tenant's Installations and Tenant's Work does not interfere with or delay the work of General Contractor and General Contractor's Subcontractors. General Contractor and Tenant or its contractors shall use reasonable efforts to coordinate the Tenant's Installations and Tenant's Work with Landlord's Work during the Non-Exclusive Access Period. General Contractor shall lock the Building and Leased Premises during the Non-Exclusive Access Period, when work is not being performed. Tenant's access hereunder shall be at Tenant's sole cost risk and expense. All such work ("Tenant's Work") Commencing on the first day of the Non-Exclusive Early Access Period, Tenant agrees that all the terms and provisions of the Lease shall be subject in full force and effect except that Tenant shall have no obligation to Landlord's prior written approvalpay rent during the Non-Exclusive Early Access Period unless the Non-Exclusive Early Access Period goes beyond October 31, 1999. Tenant shall adopt a construction schedule agrees to indemnify and hold harmless Landlord for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder any damage or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord personal injury which may occur as a result of any interference with LandlordTenant's operations entry into the Leased Premises prior to the Commencement Date. Tenant shall deliver to Landlord evidence of the insurance required to be maintained by Tenant or its contractors shall be promptly paid by Tenant pursuant to Landlord upon demand. Landlord shall make all reasonable efforts Section IV.E of the Lease prior to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to entry into the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkLeased Premises. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Genvec Inc)

Tenant’s Work. (1) Landlord and Tenant acknowledge and agree that certain shall also perform all work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work described in Exhibit C attached hereto ("Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for All such Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid and diligently completed in accordance with the terms of this Section 25, and in strict compliance with zoning, building and other applicable codes, laws and ordinances. The cost of Tenant’s Work shall be borne by Landlord and/or Tenant to Landlord upon demand. as follows: Landlord shall make pay for the initial $85 per square foot (i.e. an aggregate of $4,250,000) of Tenant’s Work ("Landlord‘s Contribution") and Tenant shall, in accordance with such timing and procedures as Landlord may reasonably designate, pay all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall sums in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:excess thereof. (a2) Tenant's Work Tenant shall not proceed until promptly furnish Landlord has approved in writingwith proof that Tenant has: (i) complied with Landlord’s timing and procedures with respect to the funding of its share of the costs of Tenant’s Work; and (ii) deposited into an account under Landlord’s control (the “Tenant’s Construction Contribution Account") the entire amount Tenant reasonably estimates is necessary to perform Tenant’s Work (the "Tenants Contribution Funds"), co-terminus with application of Landlord’s Contribution. The Tenant’s Contribution Funds shall be used solely to pay for the construction and performance of the Tenant's Work pursuant to this Lease. Tenant agrees that if an “Event of Default" occurs under this Lease, or if Landlord elects to do so in connection with performing Tenant’s Work as set forth in Section 25(b)(1) above, Landlord may: (A) Enter upon the Demised Premises and take possession of any materials or equipment, and construct, perform and complete the Tenant’s Work, at the risk and expense of Tenant. Landlord shall have the right at any time to discontinue work commenced by it in respect of the Tenant’s Work or to change any course of action undertaken and shall not be bound by any limitations or requirements of time. In connection with any construction of the Tenant’s Work undertaken, Landlord may (i) engage contractors, engineers and others for the purpose of furnishing labor, materials and equipment in connection with any construction of the Tenant’s Work, (ii) proof cause to be paid, settled or compromised, out of the amount and coverage Tenant’s Construction Contribution Account, all bills or claims which may become liens against the Demised Premises or the Tenant’s Work, or which have been or may be incurred in connection with the construction, completion and/or performance of public liability and property damage insurance carried by the Tenant's contractors ’s Work or for the discharge of liens, encumbrances or defects in the form title of an endorsed insurance certificate naming Landlord, the Contractor, and Demised Premises or the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsTenant’s Work, and (iii) complete and detailed plans and specifications for Tenant's Worktake such action or refrain from acting under this Lease as Landlord may in its sole discretion from time to time determine without limitation. (bB) Employ watchmen at Tenant's expense, out of the Tenant’s Construction Contribution Account, to protect the Tenant’s Work, including any building materials stored on the Demised Premises, from depreciation or injury. (C) For the purpose of carrying out this Section 25 and exercising these rights, powers and privileges, Tenant hereby irrevocably constitutes and appoints Landlord as its true and lawful attorney-in-fact to execute, acknowledge and deliver any instruments and do and perform any acts such as are referred to in this Section 25 in the name and on behalf of Tenant. (D) Exercise any other remedies provided under this Lease or applicable law or in equity, any and/or all of which remedies Landlord may exercise concurrently or consecutively at any time. (3) At such time as Landlord or Tenant shall have received the requisite approvals from any municipality or governmental agency having jurisdiction over the completion of the Tenant’s Work, such party hereto shall provide such documentation to the other party hereto. (4) The provisions of this Section 25 shall survive any termination of this Lease. (5) Tenant's Work shall be performed Plans," prepared in conformity with Exhibit C attached hereto, and containing a valid permit when requiredlayout for Tenant’s intended use of the Demised Premises and exterior sign drawing, a copy are included in the Building Plans in Exhibit B. (6) Tenant shall not install any fixtures or equipment which can exceed the capacity of which any utility facilities serving the Demised Premises. Any additional utility facilities required in connection with any equipment installed by Tenant shall be furnished to Landlord before such work is commenced. In any event, all installed at Tenant's Work expense and shall comply with all applicable laws, codes code requirements and ordinances of any governmental entity having jurisdiction over the Buildingwith plans and specifications which are approved in writing by Landlord.

Appears in 1 contract

Sources: Lease Assignment and Amendment (Global Medical REIT Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a hire and use its project manager to manage the construction schedule for Tenant's Work in conformance with work on the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demandPremises. Landlord shall make all reasonable efforts be entitled to notify Tenant of any approve “Tenant’s Contractors”, as hereinafter defined, such interference of which Landlord has actual knowledgeapproval not to be unreasonably withheld, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsconditioned or delayed. Tenant's contractors , through its project manager, contractor(s) and agents (collectively, “Tenant’s Contractors”) shall be subject furnish all labor and materials as necessary to Landlord's prior written approval, build-out and improve the Premises to Tenant’s specifications and to facilitate Tenant’s business operations on the administrative supervision of the ContractorPremises (collectively, “Tenant’s Work”). The following shall apply to Tenant's Work shall comply with all of the following requirements’s Work: (a1) For all Tenant's ’s Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof involving material alterations to the structure or layout of the amount and coverage of public liability and property damage insurance carried by Premises or material alterations to the mechanical or utility systems serving the Premises, Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed ’s Contractors shall prepare space plans and specifications for Tenant's Workthe Premises. Such space plans shall include commercially reasonable complete architectural, mechanical, electrical engineering, plumbing, life safety and structural drawings and specifications (including all finishes) where applicable. (b2) All plans and specifications prepared in connection with Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply full compliance with all applicable lawsbuilding codes, codes including the ADA and ordinances its related rules and regulations, and be compatible with all insurance regulations for the Premises. (3) Notwithstanding Landlord’s review and approval of the plans and specifications, Landlord makes no representations as to the design, feasibility or efficiency of the proposed Tenant’s Work, or whether Tenant will be able to obtain the required permits, approvals and certificates. (4) All materials and workmanship in connection with Tenant’s Work will be of first-class quality in keeping with Landlord’s standards for the Building in which the Premises are located. If the operation of the Building or any governmental entity having jurisdiction over of its equipment is in any way adversely affected by reason of Tenant’s Work, Tenant, at its expense, will use commercially reasonable efforts to remove the Buildingcause thereof upon Landlord’s request. (5) Tenant is solely responsible for the completion of all of Tenant’s Work to the Premises in a timely manner. (6) At all times during the progress of Tenant’s Work, Landlord will be entitled to have a representative present on the site for supervision and inspection purposes, and Landlord’s representative will have commercially reasonable access to all parts of the Premises. Such presence, inspection and/or supervision, however, will not impose any obligation whatsoever on Landlord or Landlord’s representative nor render Landlord or Landlord’s representative liable in any way for improper work or faulty materials. Landlord agrees to cooperate in all reasonable respect with Tenant’s efforts to complete the Tenant’s Work.

Appears in 1 contract

Sources: Lease (Radiant Systems Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for (a) Landlord's approval, which approval shall not be unreasonably withheld or delayed, of Tenant's occupancy Plans and Specifications shall, in no event, be deemed to create any obligation on the part of Landlord to do any work or make any installations in or about the Leased PremisesPremises or to authorize Tenant to make any further additions, including but not limited improvements or alterations to the procurement and installation of furniturePremises. (b) Tenant shall perform, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such , all of the work (the "Tenant's Work") shown on Tenant's Plans and Specifications substantially in accordance with Tenant's Plans and Specifications. Any changes to Tenant's Plans and Specifications (or any variations in Tenant's Work from the Tenant's Plans and Specifications) shall be subject to the approval of Landlord which approval will not be unreasonably withheld or delayed. Any Tenant Plan provided to Landlord for approval under the provisions of this Lease shall be deemed approved unless Landlord shall, within ten (10) days of the submission of said plan, notify Tenant of the disapproval of such plan and the reason(s) for such disapproval. This Subsection (b) and Section 9.4 shall apply before and during the Term of this Lease. All of the Tenant's Work and all alterations, additions and installation of furnishings shall be coordinated with any work being performed by Landlord in the Building and in such manner as to maintain harmonious labor relations and not damage the Property or interfere with Building construction or operation and shall be performed by Tenant's general contractor, which contractor and all subcontractors shall be named on a written list submitted to Landlord and shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld or delayed and any such approval shall be deemed given unless Landlord shall within five (5) Business Days of Landlord's prior written approvalreceipt of Tenant's submission of the name of such contractor or subcontractor notify Tenant of Landlord's disapproval of such party and the reasons for such disapproval. Tenant shall adopt a construction schedule have the right to use any contractor or subcontractor appearing on the list submitted to and approved by Landlord. Tenant acknowledges and agrees that ▇▇▇▇▇▇▇▇ Construction shall have the right to bid on all of Tenant's Work, including, without limitation, the installation of the roof top HVAC system. Tenant hereby assumes all responsibility in connection with Tenant's Work. Tenant shall be responsible for any labor difficulties or delays in Tenant's Work in conformance with and the Contractor's schedule, and shall perform Tenant's Work in such a way as Commencement Date will not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord be delayed as a result of delays in work. Tenant, before its work is started, shall: secure all licenses, approvals and permits necessary therefor and deliver copies thereof to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor and subcontractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord may reasonably require but in no event less than a $2,000,000.00 combined single limit (all such insurance to be written in companies approved by Landlord, which approval will not be unreasonably withheld or delayed, and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any interference work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Property and immediately to discharge any such liens which may so attach and, at the request of Landlord to deliver to Landlord security satisfactory to Landlord against liens arising out of the furnishing of such labor and material, including, without limitation, evidence of bonding over said liens with performance, payment and ▇▇▇▇ ▇▇▇▇▇ in favor of Landlord and Tenant. Upon completion of any work done on the Premises by Tenant, its agents, employees, or independent contractors, Tenant shall promptly deliver to Landlord original lien releases and waivers executed by each contractor, subcontractor, supplier, materialmen, architect, engineer or other party which furnished labor, materials or other services in connection with such work and pursuant to which all liens, claims and other rights of such party with respect to labor, material or services furnished in connection with such work are unconditionally released and waived. (c) Prior to commencing occupancy, Tenant shall, at its sole expense, procure a Certificate of Occupancy for its Premises and any other permit or approval required by the Town of Framingham or the Commonwealth of Massachusetts for its use and occupancy of the Premises and shall deliver copies thereof to Landlord's operations . Entry by Tenant or its agents or contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant for the purpose of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. performing Tenant's Work and/or decorations and/or for installation of equipment and furnishings in the Premises shall comply with all be permitted by Landlord during normal business hours on Business Days. Commencing on Tenant's Access Date, Tenant shall have such access as is reasonably necessary to allow Tenant to perform Tenant's Work. Tenant, from and after the date of such entry, shall be bound prior to the following requirements: Commencement Date by the provisions contained in this Lease (aexcept the obligation to pay Annual Rent, Operating Cost Escalations and Real Estate Tax Escalations) notwithstanding that such entry and Tenant's Work will occur prior to the Commencement Date of this Lease. In no event shall not proceed until Landlord has approved in writing: (i) the Commencement Date of this Lease be delayed by reason of Tenant's contractors, (ii) proof of failure to complete the amount and coverage of public liability and property damage insurance carried by work described in Tenant's contractors Plans and Specifications prior to the Commencement Date as it is defined in Section 3.1 hereof unless such failure is the form result of an endorsed insurance certificate naming Landlord's failure to fulfill its obligations hereunder. All deliveries of equipment, furnishings, fixtures and construction materials and equipment (collectively, "Work Materials") to (and all removals of such Work Materials from) the Contractor, and the agents of Landlord and the Contractor as additional insureds, Premises in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) connection with Tenant's Work shall be performed in conformity a manner so as to minimize harm to the Building and interference with a valid permit when requiredother tenants of the Property. Tenant shall take such protective measures as Landlord may require in order to protect the Building or any part thereof from injury or damage due to, a copy or in connection with, Tenant's Work. Tenant shall not store any materials or equipment on any sidewalks or streets adjacent to the Building caused by Tenant's Work. Tenant shall remove all debris, trash and construction rubbish from the Premises and the Building. Tenant shall keep all areas of which shall be furnished the Building and all sidewalk and street areas adjacent to Landlord before such work is commenced. In any event, all the Building free of trash and debris from Tenant's Work and shall, upon completion of its work, clean all areas of the Building, sidewalks and streets affected thereby. Tenant shall not damage, deface or injure the Building or any part thereof in connection with the Tenant's Work and shall promptly reimburse Landlord for the cost of repairing and/or replacing any damage, defacement or injury to the Building caused by Tenant, its employees, workmen, contractors, subcontractors, materialmen and all other parties who are involved in performing all or any part of Tenant's Work. Tenant shall comply with all applicable laws, codes orders, rules, regulations and ordinances demands of any governmental entity having jurisdiction over the BuildingTown of Framingham in loading and unloading and delivering and removing materials relating to Tenant's Work and Tenant's Removable Property to and from the Premises.

Appears in 1 contract

Sources: Lease (Aquila Biopharmaceuticals Inc)

Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain accepts the Premises in “as is” condition. (b) Any alterations, improvements, additions, physical changes or other work required necessary or desirable to place the Premises in a condition suitable for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work business purposes ("Tenant's Work") shall be subject performed in a good and workmanlike manner by or for Tenant at Tenant's sole cost and expense. No construction or installation by Tenant shall begin until Landlord has approved the plans therefore, which shall not be unreasonably withheld. A response to Landlord's prior written approvalproposed construction or alterations shall be given within ten (10) days after Tenant’s request for same, and if not given within said ten (10) day period, proposed construction or alterations shall be deemed approved. All construction shall be substantially performed in accordance with the approved plans, unless Landlord otherwise consents in writing. Tenant shall adopt a construction schedule be solely responsible for obtaining any approvals, permits, variances, exceptions, etc., that may be necessary from Township of Washington, and/or any other applicable governmental entity. Further, any delay in approval of Tenant’s plans by Landlord shall extend all dates and requirements of Tenant. (c) Tenant shall, at Tenant's Work in conformance with expense, procure all permits and licenses and make all contracts necessary for the Contractor's schedule, and shall perform construction of Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the ContractorWork. Tenant's Work shall comply fully conform to all applicable statutes, ordinances, regulations and codes. Prior to commencing any work, Tenant shall require its contractors and subcontractors to furnish Landlord and Tenant with all evidence of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and insurance coverage of public liability for injury to persons and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkWorker’s Compensation. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvalapproval which shall not be unreasonably withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsknowledge within twenty-four (24) hours. Tenant's contractors shall be subject to Landlord's prior written approvalapproval which shall not be unreasonably withheld, and to the administrative supervision of the Contractor. Tenant's Work shall not constitute occupancy of the Leased Premises and shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsOne Million Dollars ($1,000,000.00), and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay. (c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord. (d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.

Appears in 1 contract

Sources: Lease Agreement (Va Linux Systems Inc)

Tenant’s Work. 3.2.1. All work not expressly provided herein to be done by Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or in order to complete the Premises for its contractors Permitted Use (hereinafter called "Tenant's Work") including, but not limited to, all work designated as Tenant's Work in Exhibit B, and Tenant shall do and perform at Tenant's sole cost and expense all Tenant's Work diligently and promptly, in a good ▇▇▇▇▇▇▇-like manner, in compliance with all Laws (as defined in Section 3.5.1) and in accordance with the provisions herein. Without limiting the foregoing, Tenant hereby acknowledges and agrees that unless expressly provided to the contrary in Exhibit B, Tenant shall be responsible, as part of Tenant's Work and at Tenant's sole cost and expense, to remove all property at the Premises, demolish (e.g., demolish the applicable interior finishes and facades of) the Premises, as may be necessary, construct the entire Premises structure, if applicable, and perform such other work that might otherwise traditionally be performed by a landlord including, but not limited to, the running and stubbing of all utilities to the Premises, and all of the traditional tenant finishings. All such For the purposes of clarity, Tenant shall not demolish or modify any structural supports, tension cables and wires or any utility systems or equipment servicing spaces other than the Premises or other items that are part of the support system or infrastructure of the Hotel Complex without the prior written consent of Landlord given in its sole and absolute discretion. Any roof work ("including roof penetrations shall be performed by Landlord's contractor but at Tenant's expense. If requested by Landlord, Tenant shall provide construction budgets with line item break-downs acceptable to Landlord and reasonable evidence of funds to be expended to complete Tenant's Work") . Notwithstanding anything to the contrary contained herein, each and every aspect of Tenant's Work shall in all respects be subject to Landlord's the prior written approvalapproval of Landlord, and shall be in accordance with the standards of a first class resort/casino/entertainment facility using materials consistent with Tenant's most first-class design standard (as reasonably determined by Landlord) and shall be completed promptly pursuant to the requirements of this Lease. Tenant shall adopt a agrees that the minimum construction schedule budget for Tenant's Work excluding the costs of pre-opening marketing, inventory, payroll, training or any ancillary startup costs, is expected to be at least the Tenant's Work Budget; provided, however, that in conformance with the Contractorevent the construction bids are lower than the expected Tenant's schedule, Work Budget and shall Tenant is able to perform Tenant's Work in such accordance with the approved plans and specifications and in accordance with the standards of a way as first- class resort/casino/entertainment facility for less than the Tenant's Work Budget, Tenant shall not be required to hinder spend the full Tenant's Work Budget. 3.2.2. Tenant shall not contract with any consultant, subconsultant, contractor or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgesubcontractor, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. and Tenant's contractors shall be subject to and subcontractors may not perform any work on the Premises or elsewhere within the Hotel Complex, unless and until (i) if Landlord elects, a background investigation of each such consultant, subconsultant, contractor and subcontractor has been completed by Landlord's prior written approvalSecurity Department (or its designee) and the results thereof are satisfactory to Landlord and (ii) Landlord has, in Landlord's reasonable discretion, approved the general contractor and if Landlord elects, each such consultant, subconsultant, contractor and subcontractor for Tenant's Work. Notwithstanding the foregoing, Tenant may only use union signatory contractors and subcontractors (and, if applicable, Tenant must ensure that Tenant's union signatory contractors and subcontractors only use union signatory contractors and subcontractors), who are in compliance with their respective collective bargaining/union agreements, to perform work at the Hotel Complex (either as part of Tenant's Work or otherwise) and (ii) shall comply, and require all consultants, subconsultants, contractors or subcontractors to comply, with all Project Labor Agreements now or at any time hereafter applicable to the administrative supervision Hotel Complex. Further, and in addition to any other indemnity obligation contained herein, Tenant hereby covenants and agrees to indemnify, defend, save, and hold Landlord, and Landlord's Affiliates and their respective parents, subsidiaries, partnerships, joint venturers, other affiliates, officers, directors, members, managers, shareholders and employees, MGP Lessor, LLC, a Delaware limited liability company and any Superior Holder (as defined in Section 12.3.1 hereof) (collectively, with Landlord, the "Landlord Parties", and each a "Landlord Party"), free, clear and harmless from, and against, any and all liabilities, losses, costs, expenses (including reasonable attorney's fees), judgments, claims, liens, fines, penalties, and demands of any kind whatsoever caused by, resulting from, or in any way connected with, Tenant's use of any particular consultant, subconsultant, contractor or subcontractor, or their use of any particular subconsultant or subcontractor, for any work in connection with the ContractorPremises (whether part of Tenant's Work or otherwise) regardless of whether Landlord approved of such contractor or subcontractor pursuant to this Subsection. Tenant shall at all times upon Landlord's request provide to Landlord a complete and accurate list of all consultants, subconsultants, contractors and subcontractors performing work at the Hotel Complex on behalf of Tenant and/or Tenant's consultants and/or contractors. In addition, Tenant's Work shall comply at all times be conducted in accordance with all of the following requirements: (a) Tenant's Tenant Contractor Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when requiredStandards, a copy of which shall be furnished to Landlord before such work is commenced. In attached hereto as Exhibit D. "Landlord's Affiliate" means any eventof the following: MGM Resorts International, all Tenant's Work shall comply a Delaware corporation, MGM Growth Properties LLC, a Delaware limited liability company, MGP Lessor, LLC, a Delaware limited liability company and any person or entity, which, directly or indirectly, controls, is controlled by, or is under common control with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the BuildingLandlord.

Appears in 1 contract

Sources: Lease Agreement (Allied Esports Entertainment, Inc.)

Tenant’s Work. The Tenant will complete, at its sole cost, all work other than the Landlord's Work, if any, within the Premises. All Tenant’s Work prior to and following the Effective Date (the “Tenant’s Work") shall be completed in accordance with this Offer and the Lease and conducted as follows: (i) In a good and workmanlike manner by contractors approved by the Landlord, acting reasonably, in advance; (ii) In accordance with professionally prepared plans and specifications approved by the Landlord prior to the commencement of any of the Tenant’s Work and the Landlord’s Design Criteria Manual for the Building. It is understood and agreed that the Landlord may withhold or condition its consent in its sole discretion if any work to be performed by the Tenant may affect the exterior aesthetics, structure, or the electrical, mechanical, lighting, heating, ventilating, air-conditioning, sprinkler, fire protection or any life-safety systems of the Building, and any such work, if approved by the Landlord, shall be performed at the Tenant's cost, by contractors designated by the Landlord; (iii) So as not to disturb or add to the Premises, Building or Lands any hazardous building materials, defined and regulated as Designated Substances under the Occupational Health and Safety Act, or any other hazardous substances designated as such under applicable legislation. Any Tenant’s Work that may impact friable or non-friable asbestos is to be handled in accordance with the procedures directed by the Landlord; (iv) If the Landlord and Tenant acknowledge and agree that certain are performing work required for within the Premises at the same time, the Tenant's occupancy contractors shall be subordinate to the Landlord's general contractor as required by applicable law and any additional associated cost to the Landlord shall be borne by the Tenant; and (v) The Tenant shall be responsible for obtaining all necessary permits and licenses, including close-out documents, from governmental authorities with respect to the Tenant’s Work. The Tenant shall pay: (A) all reasonable fees charged by the Landlord or its representatives or consultants in connection with (i) the Landlord's review of the Leased PremisesTenant's plans and specifications, and (ii) the Landlord's supervision of the Tenant's Work, and (B) all costs related to (i) building services provided during construction of the Tenant’s Work (including but not limited to the procurement elevator access, utility consumption and installation of furniture, fixtures, equipment, artwork garbage removal) and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof loading the Tenant's “as-built” drawings into the Landlord's plan management database (the “Additional Charges”). If the Tenant elects to use the Landlord's project manager or construction manager (the “PM”) as its project manager for the Tenant’s Work, the Tenant shall pay, in addition to the Additional Charges, a co-ordination fee to the PM at a commercially competitive rate. The Tenant shall ensure that there are no liens registered or claimed with respect to any part of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Myos Rens Technology Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees to accept the Leased Property in its present "AS IS" condition. Further alterations of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall Property will be performed by Tenant or its contractors at Tenant's sole cost expense (unless otherwise stated in this Lease) and expense. All such work ("deemed to be Tenant's Work". Tenant and Landlord shall approve and attach an EXHIBIT D (“Plan of Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are needed to clarify Tenant and Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as soon as possible following the execution of this Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall be subject to Landlordsolely responsible for such plans and specifications and for all of Tenant's prior written approvalWork. Tenant shall adopt a construction schedule for not commence any of Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) EXHIBIT D. Tenant's contractors, (ii) proof taking possession of the amount and coverage Leased Property shall be conclusive evidence of public liability and property damage insurance carried by Tenant's contractors acceptance thereof in good order and satisfactory condition. Tenant agrees that Landlord has made no representations as to conformance with applicable laws respecting the form condition of an endorsed insurance certificate naming Landlordthe Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the ContractorLeased Property or the environment. Tenant also agrees that no representations respecting the condition of the Leased Property, no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to decorate, alter, repair or improve the Leased Property either before or after the execution hereof, have been made by Landlord or its agents of Landlord and to Tenant unless the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worksame are contained herein. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Endocyte Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required In order to prepare the Premises for Tenant's occupancy thereof, Tenant, at its sole cost and expense, shall perform the following alterations, additions, improvements and other work on the Premises: replacement of the Leased roof of the Premises; replacement of the HVAC system in the Premises; replacement of the existing restroom with a new restroom, including but not showers; renovation of the interior of the Premises to Tenant's specifications, as approved by Landlord; renovation and/or replacement of the operating systems in the Premises; seismic upgrades (limited to the procurement and wall-to-roof anchors); installation of furniturecarpeting, fixturestile and new offices; and other interior improvements to Tenant's specifications, equipmentas approved by Landlord (collectively "Tenant's Work"). Tenant shall cause the Tenant's Work to be completed to Landlord's reasonable satisfaction. Prior to commencing Tenant's Work, artwork Tenant shall obtain Landlord's prior written consent (not to be unreasonably withheld or delayed) to plans and interior signage are beyond specifications for the scope Tenant's Work (which shall include a detail of all finishes), the contractor performing the Tenant's Work and the schedule for performing Tenant's Work, and Tenant shall also provide Landlord with copies of any required building or other permits of governmental authorities and evidence of the contractor's insurance coverage acceptable to Landlord. Tenant Improvements shall not be obligated to provided any performance and/or payment bonds with respect to the Tenant's Work, and the Landlord shall impose no construction management fees in connection with Tenant's performance of Tenant's Work. Tenant's Work shall be completed by Tenant in accordance with the plans and specifications therefor approved by Landlord, shall be carried out in a good, workmanlike and prompt manner, shall comply with all applicable statutes, ordinances, rules and regulations of governmental authorities having jurisdiction thereof, and shall be performed subject to supervision by Landlord. If the performance of Tenant's Work shall trigger any code upgrades to any portion of the Premises or otherwise obligate the Landlord 41 42 and/or Tenant to make any alterations, additions or improvements to any portion of the Premises, including, without limitation, under the Americans with Disabilities Act, Title 24 or any laws relating to seismic safety, all such upgrades, alterations, additions or improvements shall be made by Tenant or at its contractors at Tenant's sole cost and expense. All such work ("Landlord shall have the right to post on the Premises any notices of nonresponsibility and other notices that Landlord may deem appropriate for the protection of Landlord's interest in connection with Tenant's performance of the Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for provide Landlord with one set of as-built drawings of the Tenant's Work in conformance with and one set of construction drawings based on the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations final build-out of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Standard Industrial/Commercial Lease Agreement (Intuit Inc)

Tenant’s Work. After Landlord’s delivery of the Premises to Tenant with Landlord’s Work completed, Tenant’s construction of the Tenant Improvements shall be subject to the following: 3.2.1 The Tenant Improvements to the Premises shall be constructed using the highest quality workmanship and standards. Tenant shall diligently prosecute such construction to completion and diligently pursue a Certificate of Occupancy with respect to the Tenant Improvements. Tenant shall have the work performed in such a manner so as not to (a) unreasonably obstruct the access of any other tenant or occupant in the Project, (b) damage any portion of the Project, including Common Areas, or (c) create excessive dust or dirt in any Common Areas. Tenant shall cause the work areas to be cleaned on a regular basis. 3.2.2 All Tenant Improvement work in the Premises shall be performed by Tenant's contractors and subcontractors strictly in accordance with the Approved Plans, the Americans with Disabilities Act, and all other applicable Laws, and shall satisfy the requirements of all carriers of insurance on the Premises and the Project, and the Board of Underwriters Fire Rating Bureau or similar organization. 3.2.3 All Tenant Improvements in the Premises shall be performed in accordance with the rules and regulations of Landlord provided to Tenant. 3.2.4 Prior to the commencement of the Tenant Improvements in the Premises, Tenant shall notify Landlord in writing of the anticipated date of the commencement of construction to enable Landlord to post a notice of non-responsibility. 3.2.5 Prior to the commencement of the Tenant Improvements in the Premises, Tenant shall furnish a copy of the Building Permit to Landlord. 3.2.6 Prior to and continuing during the period of Tenant’s access, entry and construction, Tenant's contractors and subcontractors which are performing work under contracts for work estimated to cost in excess of $5,000.00 shall procure and maintain property damage and commercial general liability insurance during the period of their performance of labor or the furnishing of materials to the Premises from an insurance company reasonably satisfactory to Landlord. Said insurance shall be in such amounts and in form reasonably satisfactory to Landlord, and liability policies shall name Landlord and, at Landlord's request, any Lenders of Landlord or any ground lessor, as additional insureds, as their respective interests may appear. Tenant shall also require each contractor and subcontractor employed to perform labor or furnish materials to the Premise to procure and maintain, during the performance of the labor or the furnishing of the materials, a policy of workers' compensation or employer's liability insurance issued by an insurance company reasonably acceptable to Landlord for the protection of the employees of the contractors and subcontractors, including executive, managerial, and supervisorial employees engaged in any Tenant Improvements to be performed in the Premises. Copies of the certificates and applicable endorsements evidencing the existence and amounts of such insurance, and renewals or binders, shall be delivered to Landlord by Tenant at least ten (10) days prior to (a) the commencement of Tenant Improvements, or (b) the expiration of any such policy, as the case may be. 3.2.7 Landlord shall have no responsibility for the quality or adequacy of any work performed by Tenant's contractors or subcontractors, whether with respect to labor, material, or otherwise. 3.2.8 Tenant shall be solely responsible for security in the Premises during the period of construction of the Tenant Improvements. None of Landlord, Landlord's contractor, or their agents or employees shall have any responsibility whatsoever for the safety of any equipment, tools, materials, fixtures, merchandise, or other personal property located in the Premises during the period of construction except to the extent damage is caused by the negligence or willful misconduct of Landlord, Landlord's contractor, or their agents or employees. 3.2.9 The Project and the Premises shall be kept free and clear of any and all mechanics' or similar liens on account of work performed by Tenant, its contractors or subcontractors. If any such liens are filed, Tenant shall post a release bond within ten (10) days following the filing of such lien, and shall further indemnify and hold Landlord, its partners, agents, and employees harmless from and against any claims, liability, costs, lawsuits, damages, or expenses (including attorneys' fees and court costs) arising out of work performed or to be performed in the Premises. 3.2.10 Upon reasonable advance notice, Landlord and Landlord's Lender shall have access to the Premises for purposes of inspection at all times during the period of construction. 3.2.11 Tenant acknowledge shall be responsible for and agree that certain work required for shall indemnify and hold Landlord harmless from and against any liability, cost, claim, lawsuit, damage or expense (including court costs and attorneys' fees) arising out of any activity or omission of Tenant's contractors, subcontractors, or their agents and employees. Such indemnity by Tenant shall also apply with respect to any and all costs, losses, damages, injuries, and liabilities related in any way to Landlord's performance of any ministerial acts reasonably necessary to (a) permit Tenant to complete the Tenant Improvements, and (b) enable Tenant to obtain any building permit or certificate of occupancy for the Premises. 3.2.12 Subject to Section 8.4 of the Leased PremisesLease, Tenant shall reimburse Landlord for any and all expenses incurred by Landlord by reason of faulty work performed by Tenant or its contractors or subcontractors, damage to the Project caused by Tenant's contractors or subcontractors, unreasonable delays in work performed in, on, or about the Project caused by Tenant's contractors or subcontractors or as a result of their inadequate clean-up, including but not limited to legal fees and costs incurred in connection with Landlord's enforcement of the procurement and installation provisions of furniturethis Subparagraph. 3.2.13 At the expiration or earlier termination of the Term, fixtures, equipment, artwork and interior signage are beyond Landlord shall be deemed to be the scope owner of all of the Tenant Improvements and shall be performed constructed by Tenant or its contractors at pursuant to this Exhibit "C", with the exception of Tenant's sole cost trade fixtures which shall include, without limitation, furnishings and expense. All such work equipment, any portable, free-standing partitions, and folding partitions. 3.2.14 Within thirty ("Tenant's Work"30) days after the Rent Commencement Date, Tenant shall be subject deliver to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed Reproducible "as-built" plans and specifications for Tenant's Workall tenant improvement work performed by Tenant in the Premises. (b) Contractor’s completion certificate in form and substance reasonably satisfactory to Landlord, and evidence that Tenant's Work shall be ’s Improvements have been performed substantially in conformity accordance with a valid permit when required, a the Permit Plans (as amended with the approval of Landlord). (c) A copy of which shall be furnished to Landlord before such work is commenced. In a recorded, valid notice of completion. (d) Copies of signed-off permits, certificates of occupancy for the Premises, and a stamped set of final approved plans evidencing governmental approval of the completion of Tenant’s Work. (e) Properly executed unconditional final lien waivers from all contractors and subcontractors performing any event, all part of Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building’s Work.

Appears in 1 contract

Sources: Triple Net Lease (Athenahealth Inc)

Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesagrees, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such , to perform all work set forth in, and in accordance with, Exhibit "D" attached hereto ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs). Tenant's contractors Work, and any other work necessary to open the store for business, shall be subject to Landlord's prior written approvalcompleted, and all approvals and certificates of occupancy hereinafter described which are necessary to open the store for business to the administrative supervision public shall be obtained, by Tenant on or before the Commencement Date. Such work shall include the installation of fixtures and equipment and the stocking of the ContractorLeased Premises with suitable merchandise. Tenant's Work Tenant covenants that all such fixtures and equipment visible to customers shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until be new or otherwise acceptable to Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workappearance. (b) Tenant may enter the Leased Premises during normal working hours during the course of Landlord's Work for the purpose of inspecting same and taking measurements. At such time prior to the Delivery of Possession Date that Landlord's Work has progressed sufficiently to permit Tenant to perform its work without interfering with Landlord's Work, Landlord upon written notice to Tenant may, but shall not be required to, permit Tenant to enter the Leased Premises in order to begin Tenant's Work and perform such other work as may be required under this Lease in order to ready the store for opening. Throughout the period of Tenant's Work, Tenant shall schedule its work so as not to interfere with any work being performed by Landlord or by any other tenant in the Retail Development. (c) Tenant agrees to furnish to Landlord the Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit D. If such Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period in a form to permit approval by Landlord, then Landlord may avail itself of its options under Section 3.02 or in Exhibit D. Landlord's approval of Tenant's Working Drawings and Specifications or any modifications thereof shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, and Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commencedsolely responsible therefor. In any eventaddition to conforming to the requirements specified in Exhibit D, all Tenant's Work work performed by Tenant shall comply with such reasonable rules and regulations as Landlord and its representatives may make. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant or its agents, employees and contractors, installed or left in the Leased Premises, unless such loss or damage is caused by the intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all applicable lawsthe provisions, codes covenants and ordinances conditions of any governmental entity having jurisdiction over the Buildingthis Lease.

Appears in 1 contract

Sources: Lease (Ashworth Inc)

Tenant’s Work. Tenant shall accept the Demised Premises "as is" on the date hereof and Landlord and Tenant acknowledge and agree that certain shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant. Any such work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleprovisions of this Lease, including without limitation Articles 10 and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand11. Landlord shall make all reasonable efforts pay to notify Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the cost thereof not in excess of $317,640 (hereinafter referred to as "Landlord's Construction Contribution"). Any unused balance of Landlord's Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as "Landlord's Additional Allowance") may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any such interference portion of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. TenantConstruction Contribution or Landlord's contractors Additional Allowance shall be subject made within fifteen (15) days following the receipt by Landlord of invoices, receipts and other documentation evidencing to Landlord's prior written approvalreasonable satisfaction the costs on account of which such disbursement has been requested, as well as releases and waivers of any mechanic's and other liens for any labor or materials furnished as part of such work. Any portion of Landlord's Construction Contribution or Landlord's Additional Allowance not paid within fifteen (15) days from the date when due in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to one percent in excess of the so-called "prime rate" charged from time to time by the First National Bank of Boston, and to the administrative supervision may be deducted from installments of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkYearly Fixed Rent next becoming due hereunder. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Investment Technology Group Inc)

Tenant’s Work. Landlord shall permit Tenant and Tenant’s agents or approved contractors to enter the Expansion Space from and after the Effective Date for the purpose of allowing Tenant acknowledge to perform: alterations, additions and agree that certain work required improvements to the Expansion Space in order to prepare the Expansion Space for Tenant's ’s use and occupancy along with alterations, additions and improvements to other areas of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed Premises desired by Tenant or its contractors at (the “Tenant's sole cost and expense’s Work”). All such work ("Tenant's Work") Such entry by Tenant shall be subject to Landlord's prior written approvalthe condition that (i) Tenant shall maintain, in full force and effect, the insurance policy or policies required of Tenant under the Lease; and (ii) except as otherwise provided herein, Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s access to the Expansion Space. Tenant shall adopt a construction schedule agrees that any such entry into the Expansion Space for the purposes of the performance of Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant deemed to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with under all of the following requirements: (a) Tenant's Work terms, covenants, conditions and provisions of the Lease. Tenant further agrees that to the extent permitted by law, the Landlord, its agents, employees and contractors shall not proceed until Landlord has approved be liable in writing: (i) any way for any injury or death to any person or persons, loss or damage to any of Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors ’s installations made in the form of an endorsed insurance certificate naming LandlordExpansion Space or loss or damage to property placed therein, the Contractorsame being at Tenant’s sole risk, except that Landlord (and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iiiits principals) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy liable to Tenant but only to the extent of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances its willful misconduct or negligence or Landlord’s breach of any governmental entity having jurisdiction over the Buildingits obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (ExactTarget, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of shall not make any installations, alterations, additions or improvements in or to the Leased Premises, including but not limited including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to the procurement non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of furniturecomputer cabling, fixtureswhich do not affect the plumbing, equipmentelectrical, artwork heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and interior signage are beyond (b) Landlord's consent shall not be required for the scope construction or relocation of partitions which do not extend into the Tenant Improvements and dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall perform all such work ("Tenant's Work") in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications. Tenant shall adopt a construction schedule keep the Premises at all times free of liens for Tenant's Work in conformance with the Contractor's schedulelabor and materials, and Tenant shall perform Tenant's Work in promptly bond off any liens made against the Premises. Tenant shall employ for such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred work only contractors approved by Landlord as a result of any interference with Landlord's operations by Tenant or its and shall require all contractors shall be promptly paid employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord upon demandprior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord shall make all may inspect the work of Tenant at reasonable efforts to notify Tenant times and give notice of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workobserved defects. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Extension (Mercury Computer Systems Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy (a) Upon being given possession of the Leased PremisesPremises (whether exclusive or not), including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements shall, at its own expense, diligently carry out and shall be performed by complete the Tenant’s Work. The Tenant or its contractors at will carry out the Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's ’s Work in such manner as will not interfere unreasonably with the performance by the Landlord of the Landlord’s Work and otherwise in accordance with the provisions of this Lease, including, without limitation, the provisions of sections 9.4 and 10.3 and Schedule D. (b) The Landlord (or an Affiliate of the Landlord) may tender to the Tenant a way price for the completion, as not to hinder or delay the operations Tenant’s contractor, of Landlord or the Contractor in Tenant’s Work (excluding the BuildingTenant’s trade fixtures). Any costs incurred by Landlord as a result If the Landlord’s tender price is within 5% of any interference other bona fide tender from qualified contractors which the Tenant may receive with Landlord's operations respect to the Tenant’s Work (the Tenant hereby agreeing to obtain bona fide tenders for the Tenant’s Work from qualified contractors), then the Tenant shall accept the tender submitted by Tenant the Landlord (or its contractors Affiliate) for the Tenant’s Work. All amounts payable by the Tenant under such accepted tender will be considered Additional Rent. (c) Within 30 days following the completion of the Tenant’s Work the Tenant shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and the following to the administrative supervision of Landlord: (i) a statutory declaration: (A) stating that the Contractor. Tenant's ’s Work shall comply has been performed in accordance with all of the following requirements:provisions of the plans and specifications approved by the Landlord and this Lease and that all deficiencies (if any) which the Landlord has brought to the Tenant’s attention have been corrected; (aB) stating that there are no construction liens or other liens or encumbrances registered or capable of being registered or otherwise outstanding against the Lands in respect of work, services or materials relating to the Tenant's ’s Work shall not proceed until Landlord has approved and that all accounts for work, services or materials relating to the Tenant’s Work have been paid in writing: full; (iC) listing each contractor and subcontractor who did work or provided materials in connection with the Tenant's contractors, ’s Work; and (D) confirming the date on which the last work in relation to the Tenant’s Work was performed and materials were supplied; (ii) proof an itemized list certified by the Tenant showing the costs actually expended by the Tenant for the completion of the amount Tenant’s Work; (iii) a clearance certificate issued under the Workers Compensation Act in respect of each contractor and coverage subcontractor listed on the aforesaid statutory declaration; (iv) a copy of public liability every occupancy and property damage insurance carried other permit which may be required by Tenant's contractors any governmental or other regulatory authority having jurisdiction, to permit the Tenant to occupy and open for business in the form Premises; and (v) a certificate of an endorsed insurance certificate naming a professional engineer acceptable to the Landlord, certifying that the Contractor, Tenant’s Work has been carried out in accordance with the plans and specifications as approved by the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkLandlord’s engineering consultants. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Ehave, Inc.)

Tenant’s Work. Landlord and If Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited wishes to make any improvements or additions to the procurement Premises or any portion thereof, the terms of this Article 11 (Alterations and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work"Improvements) shall be subject to Landlord's prior written approvalgovern. Tenant shall adopt a construction schedule not make any modifications, improvements, alterations, additions or installations in or to the Premises (hereinafter referred to as the “Tenant’s Work”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Along with any request for ▇▇▇▇▇▇▇▇’s consent and before commencement of Tenant's ’s Work or delivery of any materials to be used in conformance connection with the Contractor's schedulecompletion of Tenant’s Work, Tenant shall furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, insurance certificates, evidence of safety programs, an indemnification in such form and amount as may be reasonably satisfactory to Landlord, a performance and payment bond executed by a commercial surety reasonably satisfactory to Landlord and in an amount equal to the cost of Tenant’s Work and the payment of all liens for labor and material arising therefrom, and such other information concerning ▇▇▇▇▇▇’s Work as Landlord may request. ▇▇▇▇▇▇ agrees to defend and hold Landlord forever harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with any aspect of Tenant’s Work. All Tenant’s Work shall perform be done only by contractors or mechanics reasonably approved by Landlord in advance, and at such time and in such manner as Landlord may from time to time reasonably designate. All work done by Tenant's Work , its agents, employees, or contractors shall be done in such a way manner as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workavoid labor disputes. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for (a) Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work , shall complete Tenant's build out of the Premises (collectively, the "Tenant's Work") shall be subject in accordance with the Tenant's Final Plans (as hereinafter defined). (b) Subject to Landlord's prior written approval. paragraph 15 of the Lease, Tenant warrants to Landlord Tenant shall adopt a construction schedule for complete Tenant's Work in conformance accordance with all laws, ordinances, codes and regulations, including without limitation the Americans with Disabilities Act (the "ADA"). Tenant shall also be responsible for causing the Premises to comply with any provision of the ADA which applies to "public accommodations", if Tenant desires to operate all or any portion of the Premises so as to render the Premises or any portion thereof a "public accommodation." Unless caused by the negligent or intentional acts or omissions of Landlord or its agents, representatives, employees or contractors or the failure of Landlord to discharge its obligations under this Lease, Tenant agrees to indemnify, defend and hold Landlord and Landlord's agents harmless from and against any and all loss, liability, cost and expense (including without limitation, attorney's fees and court costs) incurred by Landlord or its agents relating in any way to the performance of Tenant's Work, including without limitation, the imposition of any lien against the Premises or the Building in connection therewith. In no event shall Landlord be deemed to have consented to the imposition of any lien against any interest of Landlord on the Building or the Premises. (c) The Tenant's Final Plans shall be prepared as follows: (i) Tenant shall prepare proposed final plans and specifications (the "Proposed Tenant's Final Plans") for the Tenant's Work. The Plans and Specifications shall be consistent with the Contractor's schedule, and shall perform pre-architectural specifications (the "Tenant's Work General Specifications") of Tenant's Work attached hereto as Exhibit "C-2". Within five (5) business days after receipt of the Proposed Tenant's Final Plans Landlord shall, in writing, inform Tenant of required revisions or corrections thereto. Landlord's revisions and corrections to the Proposed Tenant's Final Plans shall be limited to any aspect thereof which is materially inconsistent with the Tenant's Work General Specifications. In the event Landlord shall not inform Tenant of such a way as desired revisions or corrections within such five (5) business day period, the Proposed Tenant's Final Plans shall be deemed approved and accepted for the purposes hereof. (ii) In the event Landlord shall inform Tenant of required revisions or corrections to the Proposed Tenant's Final Plans, Tenant shall revise the Proposed Tenant's Final Plans and shall submit the revised Proposed Tenant's Final Plans to Tenant for Tenant's approval within three (3) business days of the receipt of Tenant's comments. Landlord shall have three (3) business days after the receipt of such revised Proposed Tenant's Final Plans to review, approve or comment on the required provisions or corrections thereto. Landlord's revisions and corrections to any revision to the Proposed Tenant's Final Plans shall be limited to any aspect thereof which is materially inconsistent with the revision(s) requested by Tenant pursuant to the terms hereof. In the event Landlord shall not inform Tenant of such desired revisions or corrections to hinder the revised Proposed Tenant's Final Plans within said three (3) business day period, the revised Proposed Tenant's Final Plans shall be deemed approved or delay accepted for the operations of Landlord or purposes hereof. This process shall continue until the Contractor in the Building. Any costs incurred Proposed Tenant's Final Plans are finally approved by Landlord and Tenant. (iii) The Proposed Tenant's Final Plans, as a result finally approved by Landlord and Tenant, shall collectively be referred to as the "Tenant's Final Plans." Without the prior written consent of Landlord, Tenant shall not make any interference changes to the Tenant's Final Plans. Subject to all of the terms and conditions of this Lease (other than the obligation to pay rent) and so long as Tenant its agents, representatives, employees, contractors and invitees do not interfere with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant performance of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit the Landlord's Work, Tenant shall have the right to demand payment enter the Premises prior to the Commencement Date for such costs. the purpose of performing the Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the ContractorWork. Tenant's Work shall comply with all of the following requirements: be performed by contractors reasonably approved by Landlord (a) such approved contractors are hereinafter referred to as "Tenant's Work Contractors"). If Landlord fails to disapprove any such proposed contractor within two (2) business days of demand from Tenant, such contract shall not proceed until Landlord has be deemed approved in writing: (i) Tenant's contractors, (ii) proof for purposes of completing the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (biv) Landlord shall not be entitled to any construction management fee or any other similar fee in connection with Tenant's Work. By sending Tenant written notice designating which elements of Tenant's Work shall be performed in conformity with a valid permit when requiredLandlord is electing to purchase, a copy Landlord will have the option from time to time to pay the Tenant for the cost of which shall be furnished to Landlord before such work is commenced. In any event, some or all of the Tenant's Work Work, whereupon the amount of monthly rental due hereunder shall comply with all applicable lawsincrease by the amount computed by multiplying the amount paid by Landlord by eleven percent (11%) and dividing such product by twelve (12). If Landlord exercises the option described in the preceding sentence, codes Landlord and ordinances of Tenant shall enter into an amendment to this Lease to memorialize any governmental entity having jurisdiction over such payments made by Landlord and the Buildingresulting return due Landlord.

Appears in 1 contract

Sources: Standard Industrial Lease Agreement (Guess Inc Et Al/Ca/)

Tenant’s Work. Tenant shall accept the Demised Premises “as is” on the date hereof and Landlord and Tenant acknowledge and agree that certain shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant. Any such work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleprovisions of this Lease, including without limitation Articles 10 and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand11. Landlord shall make all reasonable efforts pay to notify Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the cost thereof not in excess of $317,640 (hereinafter referred to as “Landlord’s Construction Contribution”). Any unused balance of Landlord’s Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as “Landlord’s Additional Allowance”) may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any such interference portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance shall be made within fifteen (15) days following the receipt by Landlord of invoices, receipts and other documentation evidencing to Landlord’s reasonable satisfaction the costs on account of which Landlord such disbursement has actual knowledgebeen requested, but failure as well as releases and waivers of any mechanic’s and other liens for any labor or materials furnished as part of such work. Any portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance not paid within fifteen (15) days from the date when due in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to provide such notice shall one percent in no way limit Landlord's right excess of the so-called “prime rate” charged from time to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvaltime by the First National Bank of Boston, and to the administrative supervision may be deducted from installments of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkYearly Fixed Rent next becoming due hereunder. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Investment Technology Group Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord. Landlord will not unreasonably withhold or delay its consent to non-structural, non-mechanical and non-electrical alterations or improvements to the Premises. Any such work so consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. Tenant shall procure at Tenant’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and comprehensive general liability insurance covering such contractors, and naming Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, on or about the Premises in an amount not less than two million dollars, amounts at least equal to the limits set forth in Section 1 and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to submit certificates evidencing such coverage to Landlord before prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work is commencedof Tenant at reasonable times and give notice of observed defects. In any eventFor the avoidance of doubt Landlord understands that GTC anticipates establishing a laboratory facility in the Laboratory Space which may include, all Tenant's Work shall comply with but not be limited to the use of very small quantities of radioactive material under all applicable laws, codes including, without limitation, all applicable Environmental Laws (e.g. obtaining a Radiation Use Certificate) and ordinances in consideration of any governmental entity having jurisdiction over the Buildingissues set forth in Exhibit I of this Agreement.

Appears in 1 contract

Sources: Lease Agreement (GTC Biotherapeutics Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior consent of Landlord. Landlord and Tenant acknowledge and agree agrees that certain work required for Tenant's occupancy it will not unreasonably withhold, condition or delay its consent to any alterations, improvements or installations which do not affect the structure of the Leased Premises, including but not limited to Building or any systems serving the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Building. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall Perform all such work ("Tenant's Work") in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall adopt a construction schedule employ for Tenant's Work in conformance with the Contractor's schedule, such work only contractors approved by Landlord and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its require all contractors shall be promptly paid employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000 and shall submit certificates evidencing such coverage to Landlord upon demandprior to the commencement of such work. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or Premises occasioned by or growing out of such work. Landlord shall make all may inspect the work of Tenant at reasonable efforts to notify Tenant times and given notice of observed defects. Upon completion of any such interference work, Tenant shall provide Landlord with "as built" plans, copies of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand all construction contracts and proof of payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, all labor and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workmaterials. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Petco Animal Supplies Inc)

Tenant’s Work. Landlord i. Subject to the provisions of Articles 3, 6l and 64 hereof, Tenant acknowledge shall perform or cause the performance of Alterations in and agree that certain work required to the Demised Premises to prepare same for Tenant's occupancy of the Leased Premisesthereof including, including but not limited to, installation of all interior plumbing, and lighting fixtures, ceiling treatments, interior partitions, window treatments, floor and wall coverings, distribution of electric (Owner shall provide 6 ▇▇▇▇▇ per rentable square foot connected load exclusive of HVAC) and distribution of HVAC (Owner shall provide perimeter HVAC) ("Tenant's Initial Alteration") and all furniture, furnishings and equipment to adapt the Premises for the Permitted Use. All materials used in connection with Tenant's Initial Alteration shall be new and first quality. Tenant shall submit to Owner detailed architectural, mechanical and engineering plans and specifications showing Tenant's Initial Alteration, which shall be prepared by Tenant, at Tenant's expense, and to the procurement extent not pre-approved shall be submitted to Owner on or before ten days after the date hereof for Owner's approval. The plans and installation of furniturespecifications, fixturesas approved by Owner, equipmentare hereinafter referred to as the "Final Plans", artwork and interior signage are beyond shall be deemed an authorization by Owner for Tenant to proceed after the scope of Commencement Date or such earlier date as Owner may permit Tenant to have access to the Tenant Improvements and Premises for Tenant's Initial Alteration, which shall be performed by Owner (pursuant to Paragraph ii below) or by contractors reasonably approved by Owner and otherwise in accordance with the terms of this Lease. The approval of the Final Plans by Owner shall not be deemed to create any liability on the part of Owner with respect to the design or specifications set forth in the Final Plans or an acknowledgment on the part of the Owner that the Final Plans are in compliance with all applicable governmental laws, rules and regulations. ii. Within 30 days after approval by Owner of the Final Plans, and providing that Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject has not already engaged Owner to Landlord's prior written approval. perform the work, Tenant shall adopt deliver to Owner a construction schedule for Tenant's Work in conformance with proposal by one or more contractors reasonably approved by Owner. Owner shall have the Contractor's scheduleright, and shall by notice given to Tenant within 30 days after receipt of such proposal, to elect to perform Tenant's Work Initial Alteration upon the terms set forth in Contractor's Proposal. Upon such election, Owner and Tenant shall enter into an agreement for the performance of Tenant's Initial Alteration upon such terms. iii. In the event that Owner elects to perform Tenant's Initial Alteration, Owner shall pay a way portion of the total construction cost thereof (including only hard construction costs, materials incorporated in Tenant's Initial Alteration, filing and other government al fees and charges, but not including costs of furniture, furnishings and decorative items) (the "Initial Alteration Cost") equal to Owner's Contribution (as defined below), as verified by Tenant through provision of receipted invoices (or such other proof of payment as Tenant sha1l reasonably require). iv. In the event that Owner does not elect to hinder or delay perform Tenant's Initial Alteration, Owner shall reimburse Tenant for a portion of the operations cost of Landlord or the Contractor Tenant's Initial Alteration, as approved by Owner and made by Tenant, in the Buildingamount of Owner's Contribution. Any costs incurred by Landlord as a result Provided this Lease is then in full force and effect and Tenant is not in default hereunder beyond any applicable notice and grace period and Tenant has opened the Premises for business to the public, Owner shall pay Owner's Contribution to Tenant, less any amounts deducted therefrom pursuant to Subsection (v), within thirty (30) days after satisfactory completion of any interference with LandlordTenant's operations Initial Alteration and submission by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) "as-built" drawings showing Tenant's contractorsInitial Alteration, (ii) a detailed breakdown of Tenant's final and total construction costs, together with receipted invoices (or such other proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordpayment as Owner shall reasonably require) showing payment thereof, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for a written statement from Tenant's Work. architect or engineer that the work described on any such invoices has been completed in accordance with the Pinal Plans, (biv) all required AIA forms, supporting final lien waivers and releases executed by the general contractor and all major subcontractors employed by Tenant in connection with Tenant's Work shall be performed in conformity with a valid permit when requiredInitial Alteration, (v) a copy of which a certificate of occupancy or amended certificate of occupancy required in respect of the Premises. v. Tenant shall be furnished to Landlord before such work is commenced. In any event, pay all of Owner's reasonable out-of-pocket costs incurred in connection with Tenant's Work Initial Alteration, consisting of up to $500 for each engineering, or other outside consulting fee incurred by or on behalf of Owner for the review and approval of Tenant's Final Plans and for approval of construction of Tenant's Initial Alteration. Owner, at its option, may deduct such costs from Owner's Contribution. vi. For the purposes of this Lease, "Owner's Contribution" shall comply with all applicable lawsmean $63,760 [$20.00 per square foot] [subject to verification of square footage], codes and ordinances at Tenant's election to be applied against the cost of any governmental entity having jurisdiction over the Buildingconstruction (if performed by Owner) or against Rent otherwise owing.

Appears in 1 contract

Sources: Lease Agreement (Electro Optical Sciences Inc /Ny)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy shall have the right to perform any or all of the Leased PremisesAdditional Tenant’s Work, including but subject to Landlord’s prior reasonable approval, which shall be given to Tenant within ten (10) business days upon Landlord’s receipt of detailed plans and specifications from Tenant; however, Landlord’s approval shall be deemed to have been given if Landlord fails to respond to Tenant within said ten (10) business day approval period. Tenant shall not limited be charged by Landlord for any supervisory, management, or review fees in connection with review or monitoring of the Additional Tenant’s Work. Tenant shall have the right to select all contractors, subcontractors, architects, engineers, consultants, etc. in connection with the Additional Tenant’s Work, subject to Landlord’s prior reasonable approval. However, Landlord shall be provided an opportunity to submit to Tenant a bid for construction of any or all of the Additional Tenant’s Work. Subject to Landlord’s prior reasonable approval, Tenant shall have the right to construct computer rooms, interconnecting stairs, and any other specialized facilities, provided such work does not jeopardize the structural integrity of Building 18 and/or Building 18A. Tenant and Landlord shall agree on a mutually acceptable construction schedule with respect to the procurement Additional Tenant’s Work. The Additional Tenant’s Work shall be made in a good and installation of furnitureworkmanlike manner, fixtures, equipment, artwork and interior signage are beyond all contracts for the scope Additional Tenant’s Work that is not constructed by Landlord shall require signed releases against mechanics liens upon payment in full for such Additional Tenant’s Work. If any of the Additional Tenant’s Work is constructed by contractors other than Landlord, Tenant Improvements shall cause its contractors to provide Landlord with evidence of commercial general liability insurance at the limits set forth in section 8 (Insurance) of the Agreement of Lease dated July 17, 1990, and shall be performed name Landlord as an additional insured. Said contractor(s) shall also provide Landlord with evidence of Workers’ Compensation and Employers Liability Insurance. Tenant shall indemnify, defend, and save harmless Landlord from all expense, liens, claims, damages or injuries to either persons or property arising out of, or resulting from activities related to any of the Additional Tenant’s Work not constructed by Tenant or its contractors at Landlord. The Additional Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work the terms and conditions set forth in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision section 5 (Alterations) of the Contractor. Tenant's Work shall comply with all Agreement of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsLease dated July 17, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work1990. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Agreement of Lease (Haemonetics Corp)

Tenant’s Work. Landlord and (A) Notwithstanding anything to the contrary in this Exhibit C, Tenant acknowledge and agree that certain work required shall be responsible for Tenant's occupancy of all work, construction, installations or improvements in or to the Leased Premises, Premises which is not designated as Landlord’s TI Work (including but not limited to the procurement and installation of furnitureall computer and telephone cabling and systems, fixtures, equipmentfurniture, artwork equipment and interior signage are beyond other office installations unless designated as Landlord’s TI Work in the scope of Approved Plans.) To the Tenant Improvements extent there is any such work to be performed independently by Tenant, such work shall hereinafter be referred to as “Tenant’s Work,” and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All Prior to commencing Tenant’s Work, Tenant shall submit drawings and specifications describing Tenant’s Work to Landlord, showing all aspects of such work ("in reasonable detail, to Landlord for Landlord’s review and approval, not to be unreasonably withheld, conditioned or delayed. Tenant's Work") ’s Work shall be treated as an “alteration” or “improvement” under the Lease, and shall be subject to Landlord's prior written approvalthe terms of (and approval procedures described in) the Lease with regard to alterations. Tenant may access the Premises during the fifteen (15) days prior to the Commencement Date for purposes of installing special equipment, furniture, computers and telephone equipment, provided such access does not unreasonably impede completion of the Landlord Work pursuant to this Exhibit C. Tenant’s consultants and subcontractors may access the Premises during construction to install cabling and wiring prior to any partitions being enclosed and for the installation of systems furniture, provided such access does not unreasonably impede completion of the Landlord Tenant Improvement Work pursuant to Exhibit C and Tenant shall adopt a construction schedule be responsible for Tenant's Work in conformance coordinating such access with Landlord’s contractors. (B) Tenant shall be responsible for and shall pay when due all costs associated with the Contractor's schedulepreparation of plans and the performance of Tenant’s Work incurred in accordance with this Exhibit C. Failure by Tenant to pay the costs associated with Tenant’s Work on a timely basis so as to avoid the assertion of any statutory and/or common law lien against the Premises or the Building shall constitute a default by Tenant for all purposes of the Lease. Deed of Lease Alliance Home Funding, LLC Page 48 of 63 5. Permits. (A) Except as provided below, Landlord shall obtain all necessary permits and approvals in connection with Landlord’s TI Work and the Base Building Work. For all purposes of this Lease, the terms “Substantial Completion,” “substantially complete,” and phrases of a similar nature shall mean, with regard to particular work, completion of the applicable work in accordance with the approved plans therefor (as modified by any approved change orders thereto), exclusive of incomplete or defective items of the type normally included within a punch list. In addition, Substantial Completion of each phase of Landlord’s TI Work shall mean that Landlord’s Work has been completed in accordance with the Approved Plans, other than (A) special, non-standard items requested by Tenant that require an unacceptably long lead time for procurement and/or installation (“Long Lead Items”) and of which Tenant was notified in writing (and failed, within a reasonable time after such notification, to substitute replacement items) by Landlord that the same were of such nature as described in this subsection (A), and shall perform (B) “punch list” items which will not interfere with Tenant's Work in such a way as not ’s ability to hinder lawfully take occupancy of the Premises or delay the operations of to conduct its business therein, provided that Landlord or the Contractor in the Buildinguses diligent efforts to cause its contractor to comply with its punch list obligations, and Landlord secures an occupancy permit on Tenant’s behalf. Any costs incurred punch list items shall be completed by Landlord within thirty (30) days of Tenant’s occupancy. Substantial Completion shall also be dependent upon the issuance of a final non-residential use permit (or its equivalent) provided that any delay in obtaining such final non-residential use permit as a result of any interference with Landlord's operations by Tenant or Tenant’s installation of its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgecomputer and telephone cabling and systems, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvalfixtures, furniture, equipment, and to other office installations shall not affect the administrative supervision status of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor Premises as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work“substantially completed”. (bB) Tenant's Work Tenant shall be performed responsible for applying for and obtaining all permits required for Tenant to perform Tenant’s Work and to operate within the Premises, and for obtaining any final fire inspection approval to the extent the same cannot be obtained until after completion of Tenant’s Work and the installation of Tenant’s fixtures, furniture and equipment in conformity with the Premises. Tenant shall also pay the cost of the permits obtained by Landlord under Section 5(a), above, to the extent allocable to Landlord’s TI Work, provided that such permit cost shall constitute a valid permit when required, a copy “Soft Cost” for purposes of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.this Exhibit C.

Appears in 1 contract

Sources: Deed of Lease (Alliance Bankshares Corp)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees, prior to the commencement of the Leased Premises, including but not limited to the procurement and installation term of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors this at Tenant's sole cost and expense. All such , to perform all work (of whatever nature in accordance with Tenant's obligations forth in Exhibit "C" as "Tenant's Work". Tenant shall prepare and submit to Landlord store design and working drawings of Tenant's Work with respect to the leased premises prepared in the manner and within the time periods specified in Exhibit "C". No material deviations from the final plans and specifications, once approved by Landlord shall be permitted. Landlord's review of Tenant's plans and specifications shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency. and shall in no event create an express or implied confirmation that Tenant's design and/or working drawings have been prepared in accordance with the requirements of applicable laws, codes, ordinances and regulations, and Tenant shall be solely responsible with respect to all necessary compliance with laws, codes, ordinances and regulations. In the event Tenant's plans and specifications, in the sole judgment of Landlord or Landlord's architect, are incomplete, inadequate or inconsistent with the terms of this Lease and/or do not conform to the standards of design, motif, decor and quality established or adopted by Landlord and/or would tend to create an imbalance with or be incompatible with adjoining premises, and/or would subject Landlord to additional costs or expenses in the performance of Landlord's Work, and/or would provide for or require any installation or work which is or might be unlawful or create an unsound or dangerous condition or adversely affect the structural soundness of the leased premises or the building of which the same forms a part, and/or would interfere with the use and enjoyment of any adjoining space in the building in which the leased premises are located, then, in the event Landlord determines that Landlord and Tenant are unable to agree upon store design drawings and, or working drawings Landlord shall have the option, upon ten (10) days' written notice to Tenant to declare this Lease null and void and of no further force and effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. All work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make. It is further understood and agreed that: Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the leased premises. Tenant shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance of a certificate of occupancy for the leased premises, so that such certificate of occupancy shall be issued and the leased premises shall be ready for the opening of Tenant's business on the Commencement Date. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to the Landlord. Tenant hereby expressly agrees that the entry or occupancy of the leased premises by Tenant or Tenant's agents or contractors prior to the date herein fixed for the commencement of the term of this Lease shall be governed by and shall be subject to Landlord's prior written approval. all of the terms and provisions of this Lease, and Tenant shall adopt a construction schedule observe and perform all its obligations under this Lease, including, without limitation, its obligation to pay charges for temporary water, heating, cooling, lighting, insurance and other charges pursuant to the provisions of Exhibit "C", but excepting its obligations to pay Minimum Rent, Percentage Rent, Taxes, common area maintenance expenses and annual promotional charge, from the date upon which the leased premises are made available to Tenant for its work (or from the date when Tenant commences to perform Tenant's Work, if earlier) until the actual commencement of the term of this Lease pursuant to Section 1.02 hereof. From and after delivery of possession of the leased premises to Tenant, Tenant shall be obligated to complete Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvalleased premises, and to the administrative supervision of the Contractor. cause Tenant's Work trade fixtures and merchandise to be installed and stocked in the leased premises and be ready to open for business as provided in Section 1.02 hereof. The opening by Tenant of Tenant's business in the leased premises shall comply with constitute an acknowledgment by Tenant that Landlord has performed all of the following requirements: (a) TenantLandlord's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of with respect to the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commencedleased premises. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.------- SEE ATTACHED RIDER FOR INSERTS

Appears in 1 contract

Sources: Lease Agreement (Cinema Ride Inc)

Tenant’s Work. Promptly following the Commencement Date, Tenant shall perform with reasonable dispatch, at ▇▇▇▇▇▇’s sole cost and expense (except for reimbursement by Landlord and Tenant acknowledge and agree that certain of the Allowance as hereinafter provided), all work required which is necessary or desirable to prepare the Premises for Tenant's ’s use and occupancy of (the Leased Premises, including but not limited “Tenant’s Work”) in accordance with plans and specifications submitted to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the approved in advance in writing by Landlord in each instance. Tenant Improvements and shall be performed by Tenant or responsible, at its contractors at Tenant's sole cost and expense. All such work , for the preparation of the architectural, electrical and mechanical construction drawings, plans and specifications ("called the “construction plans”) which are necessary to perform the Tenant's ’s Work") , which construction plans shall be subject submitted to Landlord's Landlord for prior written approval. If any of such construction plans are disapproved by Landlord, Landlord shall provide Tenant shall adopt a construction schedule with specific reasons for Tenant's Work in conformance with such disapproval and the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors foregoing submission process shall be promptly paid repeated until all construction plans have been approved by Tenant to Landlord upon demandLandlord. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall Landlord’s approval in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work each instance shall not proceed until Landlord has approved in writing: be unreasonably withheld, conditioned or delayed for any construction plans (i) Tenant's contractorswhich would not involve or affect any structural or exterior element of the Building or any portion thereof, (ii) proof which would not adversely affect the value of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming LandlordBuilding or any portion thereof, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete which would not adversely affect the proper functioning of the Building systems or other facilities, or (iv) which would not change the character of the exterior or interior architectural design of the Building. During the performance of Tenant’s Work, Tenant shall not be obligated to pay Fixed Rent, Taxes or Operating Costs to Landlord unless the Rent Commencement Date has occurred. However, Tenant shall reimburse Landlord for its actual costs incurred in connection with the Tenant’s Work, including, without limitation, trash removal, electrical costs and detailed plans and specifications for costs of other utilities during construction (if separate accounts have not been established in Tenant's Work. (b) ’s name with the local utility companies at such time). All Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy good and workmanlike manner employing materials of which shall be furnished good quality and so as to Landlord before such work is commenced. In any event, all Tenant's Work shall comply conform with all applicable lawszoning, codes building, fire, health and other codes, regulations, ordinances and laws and shall be subject to the applicable provisions of any governmental entity having jurisdiction over the Building.this Lease, including, without limitation, subsection 6.2.5. Tenant shall use, as its project manager Nordblom Development Company (pursuant to a separate written agreement between Nordblom Development Company and Tenant)

Appears in 1 contract

Sources: Lease (Lemaitre Vascular Inc)

Tenant’s Work. SECTION 12.01. Subject to Landlord's obligations under Article XI, Tenant agrees to accept the Demised Premises in an "AS IS" condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as otherwise specifically provided in this Lease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant shall be financially responsible for the following construction activities. Architects and Tenant acknowledge shall have rights to any and agree that certain work required all warranties provided by sub-contractors and or general contractors. A. Architecture Fees for Tenant's occupancy of the Leased Premises, interior work. B. Interior Fit-Out including but not limited to the procurement and installation of paint, carpet/flooring, furniture, fixtures, equipment, artwork Drive-Thru lanes equipment, upgrades to electrical system, vault system, partitions, and interior signage are beyond doorways. Tenant may, at any time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant shall first obtain Landlord's written approval, which approval shall not unreasonably be withheld. Tenant's improvements on the scope Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required to be performed to permit Tenant's occupancy and use of the Tenant Improvements and Demised Premises for the Permitted Use shall be performed by Tenant, at its sole expense, and Landlord shall not be required to perform or to bear any of the expenses for such work. All of such work shall be performed in a diligent manner. SECTION 12.02. Any Tenant's Work made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term. SECTION 12.03. Tenant shall have no power to do any act or its contractors make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord in the Building, or any part thereof. All Tenant's Work, repairs, materials and labor shall be done at Tenant's sole cost expense, and expenseTenant shall be solely and wholly responsible to contractors, laborers and materialmen and such contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the payment of any bills for work done and materials furnished. All such work ("Landlord reserves the right, before approving any Tenant's Work") shall be subject , to Landlord's prior written approval. require Tenant shall adopt to furnish it a construction schedule for good and sufficient bond to secure Tenant's Work in conformance with the Contractor's scheduleliability for payment, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) SECTION 12.04. Tenant shall procure and maintain an adequate workmen's compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of or from Tenant's Work Work. Prior to the commencement of such Tenant's Work, Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished deliver to Landlord before each policy, or a certificate evidencing such work is commenced. In any eventpolicy, together with evidence of payment of premiums for all Tenant's Work shall comply with all applicable laws, codes and ordinances policies of any governmental entity having jurisdiction over the Buildinginsurance required to be maintained by Tenant pursuant to this Section 12.06.

Appears in 1 contract

Sources: Lease (Yardville National Bancorp)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's may enter into occupancy of the Leased PremisesPremises immediately after execution of this Lease, including but not limited and prior to the procurement and installation completion of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall Landlord’s Work. If there is any work to be performed by Tenant (“Tenant’s Work”), Tenant shall coordinate that work with Landlord’s Work, and each party shall make reasonable efforts to not interfere with the work of the other party. Tenant’s Work set forth in Exhibit E hereto has been approved by Landlord. Tenant’s Work not set forth in Exhibit E shall require the written approval of Landlord prior to the commencement of such work, which approval shall not be unreasonably withheld or its contractors at Tenant's sole cost and expensedelayed. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for of Tenant's Work and the installation of equipment shall: (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating bureau; (b) be performed in conformance compliance therewith and with the Contractor's schedule, plans and shall perform Tenant's Work specifications previously reasonably approved by Landlord and in good and first class workmanlike manner; (c) be performed in such a way manner as not to hinder or delay the operations of impose any additional expense upon Landlord or the Contractor in the construction, maintenance or operation of the Building. Any costs , or, if additional expense is incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors the construction of the addition to the Building, such additional expense shall be promptly paid by Tenant to Landlord upon demandtwenty-five percent (25%) at construction commencement, fifty percent (50%) at the half-way point of such construction, and twenty-five percent (25%) within thirty (30) days after substantial completion; (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage to the Building or interfere with Building construction or operation; and (e) be performed by contractors or workers first reasonably approved by Landlord. With respect to all Tenant’s Work, Tenant further agrees as follows: Tenant’s Work shall commence only after all required municipal and other governmental permits and authorizations have been obtained (the Landlord shall make agrees to join in any application and/or proceedings therefor and reasonably cooperate with Tenant), at Tenant’s expense whenever necessary, and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors work shall be subject to Landlord's prior written approvaldone in compliance with any applicable building and zoning laws and with all applicable other laws, ordinances, regulations and requirements of all federal including the Americans With Disabilities Act (“ADA”), state and municipal agencies, and in accordance with any applicable requirements and policies issued by any insurer of Tenant with respect to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage type of public liability and property damage insurance to be carried by with respect to Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for ’s Work; that Tenant's Work. (b) Tenant's ’s Work shall be performed prosecuted with reasonable dispatch to completion; that at all times when Tenant’s Work is in conformity with a valid progress, Tenant shall maintain or cause to be maintained adequate worker’s compensation insurance as required by law for those employed in connection therewith and commercial general liability or builder’s risk insurance (for mutual benefit of Tenant and Landlord) in coverages reasonably approved by Landlord. Tenant shall not permit when requiredany mechanics’ liens, a copy of which shall be or similar liens, to remain upon the Premises for labor and materials furnished to Tenant or claimed to have been furnished to Tenant in connection with Tenant’s Work of any character performed or claimed to have been performed at the direction of Tenant, and shall cause any such lien to be released of record or sufficiently bonded off within thirty (30) days without cost to Landlord. To that end, Tenant shall, upon completion of Tenant’s Work, certify to Landlord before such work is commencedupon written request that all contractors, subcontractors and other independent contractors have been paid in full, except as to those contractors, subcontractors and other independent contractors with whom Tenant has a bona fide dispute. In the event Tenant has a bona fide dispute with any eventsuch contractor, subcontractor or independent contractor, Tenant shall notify Landlord of the identity of such contractor and the amount of the bona fide dispute, but Tenant shall not be relieved of its obligation not to permit any mechanics’ liens, or similar liens, to remain upon the Premises and to cause any such lien to be released of record or sufficiently bonded within thirty (30) days, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingas set forth in this Section 3.03.

Appears in 1 contract

Sources: Lease Agreement (Arbios Systems Inc)

Tenant’s Work. Landlord Any item or work not shown in the Final Plans, including, for example, telephone and data service or furnishings, for which Tenant acknowledge and agree that certain work required for contracts separately (hereinafter “Tenant's occupancy of the Leased Premises’s Work”), including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, ’s policies and schedules and shall perform Tenant's Work be conducted in such a way as not to hinder hinder, cause any disharmony with or delay the operations work of Landlord or the Contractor improvement in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgeTenant’s suppliers, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors contractors, workmen and mechanics shall be subject to Landlord's reasonable approval by Landlord prior to the commencement of their work and shall be subject to ▇▇▇▇▇▇▇▇’s administrative control while performing their work. Tenant shall cause its suppliers and contractors to engage only labor that is harmonious and compatible with other labor working in the Building. In the event of any labor disturbance caused by persons employed by Tenant or ▇▇▇▇▇▇’s contractor, Tenant shall immediately take all actions necessary to eliminate such disturbance. At any time any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic performing Tenant’s Work hinders or delays any other work of improvement in the Building or performs any work which may or does impair the quality, integrity or performance of any portion of the Building, Tenant shall cause such supplier, contractor, ▇▇▇▇▇▇▇ or mechanic to leave the Building and remove all his tools, equipment and materials immediately upon written approvalnotice delivered to Tenant, and Tenant shall reimburse Landlord for any repairs or corrections of the Tenant Improvements or Tenant’s Work or of any portion of the Building caused by or resulting from the work of any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic with whom Tenant contracts as Additional Rent under the Lease. Tenant shall have provided Landlord with adequate proof of that insurance required to be maintained by Tenant pursuant to the administrative supervision terms of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsLease, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's prior to commencing any Tenant Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office Lease (Intersearch Group Inc)

Tenant’s Work. Tenant acknowledges that the Tenant’s Work as set forth in the Work Letter may not be completed by the Commencement Date, and that this circumstance shall not postpone the Commencement Date, or affect Tenant’s obligation to pay Rent, or make Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its agents or contractors liable for any damage, loss, liability, or expense caused Tenant thereby. Subject to Landlord’s Work, Landlord Turnover Obligations and to Landlord’s obligations under Sections 8 and 9 of this Lease, Tenant shall, at Tenant's its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Premises for occupancy, all subject to and in accordance with the provisions of the Work Letter and this Lease, including, without limitation, the provisions of Section 14 hereof. All such work ("referred to in this subparagraph, is hereinafter referred to as “Tenant's ’s Work") ”. Tenant shall retain its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord's prior written ’s approval, as provided in Section 14 hereof and in the Work Letter. Tenant shall adopt a construction schedule for Tenant's Work in conformance In connection with the Contractor's scheduleperformance of Tenant’s Work, Tenant and shall perform Tenant's Work in such a way as not to hinder or delay the operations each of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work vendors shall comply with the provisions of Section 14 (to the extent not inconsistent with the Work Letter) Subject to terms and provisions of this Lease and compliance with all terms and conditions for payment of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsAllowance, (ii) proof of if ▇▇▇▇▇▇▇▇ fails to pay any Tenant Allowance when the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insuredssame is due, in an addition to all other remedies at law or equity, Tenant shall have the right to set off such amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workfrom Rent. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office Lease Agreement (Cambium Networks Corp)

Tenant’s Work. This Article 54 shall not apply to any work performed by Landlord pursuant to Exhibit E hereof. A. Prior to Tenant's commencing any work pursuant to this Article or any structural work or work relating to the building's systems in the Demised Premises, Tenant shall submit to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld or delayed, drawings, plans and specifications including, but not limited to, plans for the entranceways, use of window areas, signage and other architectural plans (herein collectively referred to as "Tenant's Plan") for or in connection with the improvements, installations, additions, alterations and decorations to be made by Tenant acknowledge (herein collectively referred to as "Tenants Work"). Tenant shall also submit to Landlord for its written approval a list of contractors, subcontractors, and agree that certain work required copies of contracts and subcontracts for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work Work ("Tenant's WorkContracts"). Tenant's Plan shall be fully detailed, shall show complete dimensions, shall not require any changes in the structure of the building and shall not be in violation of any laws, orders, rules or regulations of any governmental department or bureau having jurisdiction of the Demised Premises. Landlord's consent shall not be required for decorative or non-structural work of Tenant (other than wallpaper or paneling or non-structural work which by applicable law requires a permit) costing less than $25,000.00 in the aggregate, which does not affect any Building systems or structure of the Building [unless the paint used is a color other than white or off-white], however, Landlord must receive no less than three (3) business days written notice of said decorative work along with proper certificates of insurance from the contractor). B. Within ten (10) business days after submission to Landlord of Tenant's Plan and Tenant's Contracts, Landlord shall either approve same or shall set forth in writing the particulars in which Landlord does not approve same, in which latter case Tenant shall, within ten (10) business days after Landlord's notification, return to Landlord appropriate corrections thereto. Such corrections shall be subject to Landlord's prior written approval. Tenant shall adopt pay to Landlord, promptly upon being billed, any reasonable charges or expenses Landlord may incur in reviewing Tenant's Plan and Tenant's Contracts and/or insuring compliance therewith. C. Tenant further agrees that Tenant shall not make any changes (except to a deminimus extent) in Tenant's Plan or Tenant's Contracts subsequent to approval by Landlord unless Landlord consents to such changes which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall pay to Landlord all costs and expenses caused by such changes which Landlord may incur or sustain in Landlord's Work (if any) or in the performance by Landlord of any construction schedule or work it is performing in the Building; Landlord shall have the right to refuse to consent to any such changes if in the reasonable judgment of Landlord or Landlord's Architect (defined below) such changes materially deviate from Tenant's Plan theretofore approved by Landlord in a manner that will adversely affect the structural integrity of the Building or the proper functioning of any Building systems or otherwise violate the terms of this Lease. Any charges payable under this Section C or the preceding Section B shall be paid by Tenant from time to time within twenty (20) days following as Additional Rent, whether or not the Rent Commencement Date has occurred. D. Following compliance by Tenant with its obligations under the foregoing Sections and approval of Tenant's Plan and Tenant's Contracts by Landlord, Tenant shall commence Tenant's Work and it shall proceed diligently with same, in order to complete same within a reasonable period of time using new first class materials and in a good and workmanlike manner. E. Tenant agrees that in the performance of Tenant's Work (a) neither Tenant nor its agents or employees shall interfere with the work being done by Landlord and its contractors, agents and employees, (b) that Tenant shall comply with any reasonable work schedule, rules and regulations proposed by Landlord, its agents, contractors or employees, (c) that the labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord in the Building, it being agreed that if in Landlord's judgment the labor is incompatible Tenant shall forthwith upon Landlord's demand withdraw such labor from the premises, (d) that prior to commencing Tenant's Work, Tenant shall procure and deliver to Landlord worker's compensation, public liability, property damage and such other insurance policies, in such amounts as shall be reasonably acceptable to Landlord in connection with Tenant's Work, and shall upon Landlord's request cause Landlord, its managing agent, and any holder of a Superior Mortgage and lessor under a Superior Lease to be named as an additional insured thereunder, (e) that prior to commencing Tenant's work, Tenant shall obtain the necessary consents, authorizations and licenses from municipal or any other government authorities having jurisdiction of the Building or premises necessary for Tenant's Work in conformance with the Contractor's scheduleoperations, improvements and alterations and that no work shall perform Tenant's Work in such a way as not to hinder be started or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations equipment installed unless and until all necessary consents, authorizations and licenses shall have been obtained by Tenant or its contractors shall be promptly paid and by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (iif) proof that Tenant shall hold Landlord harmless from and against any and all claims arising from or in connection with any act or omission of the amount Tenant or its agents, contractors and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordemployees, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iiig) complete and detailed plans and specifications for Tenant's Work. (b) that Tenant's Work shall be performed in conformity accordance with a valid permit when requiredthe approved Tenant's Plan and in compliance with the laws, a copy orders, rules and regulations of which any governmental department or bureau having jurisdiction of the Demised Premises and Tenant immediately shall be furnished correct at Tenant's sole cost and expense any nonconforming work, (h) that Tenant promptly shall pay for Tenant's Work in full, to Landlord before the extent payable under any contract with respect to Tenant's Work between Tenant and any third party hereunder, and to the extent that such work payment is commenced. not the responsibility of landlord, and, at Landlord's option, that Tenant shall provide for the removal and/or bonding of any lien to attach to the Demised Premises or the Land and/or Building. F. In any event, all the event that the "hard" cost of Tenant's Work shall exceed $50,000.00, in addition to complying with all other provisions hereof, Tenant shall (a) furnish Landlord with a contract in assignable form made with a reputable and responsible contractor, providing for the completion of all work, labor and materials necessary to complete Tenant's Work in accordance with Tenant's Plan; and (b) furnish Landlord with an assignment of the contract so furnished, duly executed and acknowledged by Tenant, by its terms to be effective upon any termination of this Lease or upon Landlord's re-entry upon the Demised Premises following a default by Tenant beyond applicable notice and grace periods prior to the complete performance of such contract, such assignment also to include the benefit of all payments made on account of said contract including payments made prior to the effective date of such assignment. G. Landlord may, at any time and from time to time, at Tenant's reasonable expense, in addition to any other right of access given to Landlord pursuant to the terms of this Lease, enter upon the Demised Premises with one or more engineers and/or architects of Landlord's selection (collectively, "Landlord's Architect") to determine the course and degree of completion of Tenant's Work and its compliance with Tenant's Plan and the terms and conditions of this Lease. H. Notwithstanding anything to the contrary contained in the foregoing, if there are presently any asbestos ("Hazardous Material") in the Premises which are in violation of any applicable law, rule or regulation, Landlord shall remove, at its sole cost and expense, said Hazardous Material(s) or take such steps to make the Hazardous Material(s) comply with all applicable laws, codes rules or regulations and ordinances other requirements relating to any Hazardous Materials, which are imposed by any governmental authority ("Requirements") as of Commencement Date #1 and Commencement Date #2 (as the case may be). Supplementing the above, Tenant shall be obligated, at Tenant's own cost and expense, to comply with Requirements relating to Hazardous Material(s) which are hereafter imposed by any governmental authority, insofar as the same affect the Demised Premises. Tenant further agrees, however, that in addition to its other obligations set forth herein relating to Hazardous Materials(s), if any, in the Demised Premises, in the event any Tenant's Work causes or results in said Hazardous Materials(s) to be in violation of an applicable law, rule or regulation, Tenant shall immediately remove, at its sole cost and expense, said Hazardous Materials(s) or take such steps to make the Hazardous Materials(s) comply with the applicable law, rule or regulation. I. Nothing contained in this Lease shall be deemed, construed or interpreted to imply any consent or agreement on the part of Landlord to subject Landlord's interest or estate to any liability under any mechanics's or other lien law. If any mechanic's or other lien or any notice of intention to file a lien is filed against the Premises or any part thereof, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, Tenant shall cause the same to be canceled and discharged of record by payment, bond or order of a court of competent jurisdiction within thirty (30) days after notice by Landlord to Tenant. J. Tenant covenants and agrees that it shall make improvements and alterations to the Demised Premises as set forth below. Tenant acknowledges that Tenant's agreements as herein set forth constitute a substantial obligation of Tenant and a material inducement for Landlord to enter into this Lease and but for this inducement Landlord would not enter into this Lease. A breach of this covenant shall be deemed a material default under the Lease. Accordingly, Tenant shall, subject to Landlord's approval as required under this Article, perform the following work to the Demised Premises: Tenant shall reinforce the floor load capacity of any governmental entity having jurisdiction over area of the BuildingDemised Premises which contains telecommunications equipment of Tenant not supported by the fifty (50) pound per square foot floor load of the Premises ("Reinforcement") at Tenant's own cost and expense. Tenant shall give Landlord no less than ten (10) business days prior written notice of the Reinforcement with copies of proposed plans for Landlord's approval, which shall not be unreasonably withheld or delayed. As-built plans shall be submitted to Landlord by Tenant upon the completion of the Reinforcement. The Reinforcement shall not interfere with the use of the Building by other tenants and shall be done at times other than Regular Business Hours. K. Without in any manner whatsoever limiting the terms and provisions of this Article, Tenant herein must supply copies of the following items and comply with all proper codes which compliance shall include but not be limited to:

Appears in 1 contract

Sources: Office Building Lease Agreement (Broadview Networks Holdings Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's ’s occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage signage, are beyond the scope of the Tenant Improvements Landlord’s Work and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's ’s prior written approval. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Leased Premises by June 1, 2020 in order to perform Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's ’s right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's ’s prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements: (a) Tenant's ’s Work shall not proceed until Landlord has approved in writing: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all of Tenant's ’s Work shall comply with all applicable lawsLaws and Restrictions. Landlord shall have no responsibility for Tenant’s failure to comply with such applicable Laws and Restrictions. Any and all delay in obtaining a certificate of occupancy and/or any other governmental approvals due to Tenant’s vendors is the responsibility of Tenant and shall be a Tenant’s Delay. (c) In connection with Tenant’s Work, codes Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and ordinances shall pay such reasonable costs for such services as may be charged by Landlord. (d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of any governmental entity having jurisdiction over the Buildingfaulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.

Appears in 1 contract

Sources: Lease Agreement (Biolase, Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain shall perform any work required to permit Tenant to open the Premises for business (“Tenant's occupancy ’s Work”). Tenant shall not commence any of Tenant’s Work until Tenant has submitted to Landlord plans and specifications (in such detail as Landlord shall reasonably require) for such work and Landlord has approved such plans in writing. Tenant’s Work shall be performed at Tenant’s sole cost and expense, in accordance with such approved plans and specifications and in accordance with the Leased Premisesterms and conditions of this Lease, including but not limited to the procurement including, without limitation, Section 7.5 and installation of furnitureSection 7.13 hereof, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvaldelayed. Tenant shall adopt a construction schedule for commence Tenant's ’s Work in conformance with promptly after receipt of Landlord’s approval of Tenant’s plans and specifications (but not before the Contractor's schedule, Lease Commencement Date) and shall perform diligently prosecute the same to completion. Landlord’s approval of Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed ’s plans and specifications for Tenant's Work. (b) Tenant's ’s Work shall be performed in conformity create no responsibility or liability on the ▇▇▇ of Landlord for their completeness, design sufficiency, or compliance with a valid permit when requiredall laws, rules and regulations of governmental agencies or authorities. Prior to beginning Tenant’s Work, Tenant shall, if required by law, obtain appropriate performance and payment bonds covering the labor and materials required to complete Tenant’s Work. Prior to beginning Tenant’s Work, Tenant shall also deliver to Landlord and Landlord’s Mortgagee, at Tenant’s cost, a copy builder’s risk insurance policy naming Landlord and Landlord’s Mortgagee as additional insureds, as their interests may appear, with the amount and type of which coverage being required by Landlord and Landlord’s Mortgagee and otherwise in compliance with the requirements for insurance set forth in Article 6 above, together with evidence that the premium for said insurance has been paid in full by Tenant for a period of no less than one year. Tenant covenants and represents that the foregoing work shall be furnished completed in a good and workmanlike manner and in compliance with all Legal Requirements. Tenant shall promptly pay in full all costs and expenses associated with Tenant’s Work and shall be responsible for the performance of Tenant’s Work to completion. Upon completion of Tenant’s Work, Tenant shall deliver to Landlord before such work is commenced. In any event, a certificate of completion from Tenant’s architect certifying that all Tenant's ’s Work shall comply has been installed and completed in accordance the approved plans and specifications therefore and in compliance with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the BuildingLegal Requirements.

Appears in 1 contract

Sources: Sublease Agreement (Energy Focus, Inc/De)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Promptly after approval of Tenant's occupancy of the Leased PremisesPlans, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements shall commence and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such exercise all reasonable efforts to complete the work specified therein ("Tenant's Work") ). All Tenant's Work shall be subject to Landlordcompleted in accordance with the approved Tenant's prior written approvalPlans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant shall adopt a construction schedule Copies of all permits and approvals required for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and furnished to the administrative supervision of the ContractorLandlord promptly upon receipt thereof. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for such bonds as are customary and reasonable in conformity with the full amount of the contract sum; provided, however, that the Tenant may have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a valid permit when requiredresult of, a or arising out of, the defaults or other acts or omissions of the general contractor. A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant's Work. In addition, the Landlord, at Landlord's sole expense, may monitor the progress of Tenant's Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant's Work. Within forty-five (45) days of completion of any Tenant's Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord "as-built" plans in both paper and electronic form showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant's Work. Nothing herein shall be construed as permitting the Tenant to occupy all or any portion of the Premises for which the Tenant has not obtained a certificate of occupancy or otherwise failed to comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildinglegal requirements as set forth herein.

Appears in 1 contract

Sources: Lease Agreement (SBS Technologies Inc)

Tenant’s Work. Landlord Landlord’s Work does not include the following items, which shall be Tenant’s responsibility and Tenant acknowledge Tenant’s sole cost and agree that certain work required for expense and which is herein referred to as “Tenant's occupancy of the Leased Premises’s Work”: telephone systems, including telephone cabling, computer systems, computer cabling, personal property, including, but not limited to the procurement and installation of to, furniture, fixtureswork stations, equipmentincluding the installation thereof, artwork televisions, appliances, computers, audio/visual equipment and interior signage are beyond the scope of the Tenant Improvements similar items. Landlord: /s/ JW Tenant: /s/ MS 1. The sidewalks, halls, passages, elevators and stairways shall not be performed obstructed by Tenant or its contractors at Tenant's sole cost used for any purpose other than for ingress to and expenseegress from the Demised Premises. All such work ("Tenant's Work") The halls, passages, entrances, elevators, stairways, and balconies are not for the use of the general public, and Landlord shall in all cases retain the right to control and prevent access thereto of all persons whose presence in the judgement of Landlord shall be subject prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided, that nothing herein contained shall be construed to prevent such access to persons with whom Tenant normally deals in the ordinary course of its business unless such persons are engaged in illegal activities. Tenant and its employees shall not go upon the roof of the Building without the written consent of Landlord's prior written approval. 2. The sashes, sash doors, windows, glass lights, and any lights or skylights that reflect or admit light into the halls or other Common Areas of the Buildings shall not be covered or obstructed. The toilet rooms, water and wash closets and other water apparatus shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and the expenses of any breakage, stoppage or damage, resulting from the violation of this rule shall be borne by Tenant who, or whose clerk, agents, employees, servants, or visitors, shall have caused it. 3. Use of Building standard blinds shall be required on all windows in the Demised Premises. Any curtains used by Tenant must be placed on the office side of the blinds. If Landlord, by notice in writing to Tenant, shall object to any curtain, blind, shade or screen attached to, or hung in, or used in connection with, any window or door of the Demised Premises, such use of such curtain, blind, shade or screen shall be discontinued forthwith by Tenant. No awnings shall be permitted on any part of the Demised Premises. 4. No safes or other objects heavier than the lift capacity of the freight elevators of the Building shall be brought into or installed on the Demised Premises. Tenant shall adopt not place a construction schedule for Tenant's Work in conformance with load upon any floor of the Contractor's scheduleDemised Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. The moving of safes shall occur only between such hours as may be designated by, and only upon previous notice to, the manager of the Building, and the persons employed to move safes in or out of the Building must be acceptable to Landlord. No freight, furniture or bulky matter of any description shall perform Tenant's Work be received into the Building or carried into the elevators except during hours and in such a way as manner approved by Landlord. 5. Tenant shall not use, keep, or permit to hinder be used or delay kept any foul or noxious gas or substance in the operations of Demised Premises, or permit or suffer the Demised Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Contractor Building by reason of noise, odors, and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds (except Seeing Eye Dogs) be brought into or kept in or about the Building. Tenant shall not place or install any antennae or aerials or similar devices outside of the Demised Premises. 6. Tenant shall not use or keep in the Building any inflammable substances or chemicals such as kerosene, gasoline, naphtha and benzene (except cleaning fluids in small quantities and when in containers approved by the Board of Fire Underwriters), or explosives or any other articles of intrinsically dangerous nature, or use any method of heating other than that supplied by Landlord. 7. If Tenant desires telephone or telegraph connections or alarm systems, Landlord will direct electricians as to where and how the wires are to be introduced. No boring or cutting for wires or otherwise shall be made without specific directions and approvals from Landlord. 8. Tenant, upon the termination of the tenancy, shall deliver to Landlord all the keys of offices, rooms and toilet rooms which shall have been furnished Tenant or which Tenant shall have had made, and in the event of loss of any keys so furnished shall pay Landlord therefor. 9. Tenant shall not put down any floor covering in the Demised Premises without Landlord’s prior approval of the manner and method of applying such floor covering. 10. On Sundays and legal holidays, and on other days between the hours of 6 p.m. and 8 a.m., access to the Building, and/or to the halls, corridors, elevators or stairways in the Building. Any costs incurred by Landlord as , and/or to the Demised Premises may be refused unless the person seeking access is known to the watchmen of the Building in charge and has a result of any interference with Landlord's operations by Tenant pass or its contractors shall be promptly paid by Tenant to Landlord upon demandis properly identified. Landlord shall make all reasonable efforts in no case be liable for damages for the admission to notify Tenant or exclusion from the Building of any such interference of which Landlord person whom ▇▇▇▇▇▇▇▇ has actual knowledge, but failure to provide such notice shall in no way limit Landlord's the right to demand payment for such costsexclude under Rule 1 above. Tenant's contractors shall be subject In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to Landlord's prior written approval, and prevent access to the administrative supervision Building during the continuance of the Contractor. Tenant's Work shall comply with all same by closing the doors or otherwise, for the safety of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of tenants or Landlord and the Contractor as additional insureds, protection of property in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. 11. Tenant assumes full responsibility for protecting its Demised Premises from theft, robbery and pilferage which includes keeping doors locked and windows and other means of entry to the Demised Premises closed. 12. Tenant shall not alter any lock or install a new or additional lock or any bolt on any door of the Demised Premises without prior written consent of Landlord. If Landlord shall give its consent, Tenant shall in each case furnish Landlord with a key for any such lock.

Appears in 1 contract

Sources: Lease (ASC Acquisition LLC)

Tenant’s Work. Landlord (i) Tena▇▇ ▇▇▇ees to perform, at its risk and Tenant acknowledge and agree that certain expense, all work required for Tenant's occupancy of which is necessary to prepare the Leased PremisesPremises for Tena▇▇'▇ ▇ntended business, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work fixturing ("Tenant's Work"), commencing on the date the Landlord makes written tender of the Leased Premises to Tenant, or, with Landlord's approval (which shall not be unreasonably withheld), prior to such date. Specifications for Tenant's Work shall be submitted to Landlord at least twenty (20) days prior to commencement thereof and shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work which shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) be unreasonably withheld. Tenant's Work shall be performed in conformity accordance with a valid permit when requiredrequirements of governmental authorities and all reasonable rules made by Landlord and its contractors and without interference with or damage to work performed or to be performed by Landlord or its agents. If Tenant causes any such interference or damage, a copy of which Tenant shall be furnished to Landlord before such work is commenced. In liable therefor. (ii) Tenant shall not permit any event, all lien on account of the performance of services or supply of materials for any item of Tenant's Work Work, or for any other item of construction or repair performed by Tenant, to be filed against the Leased Premises. If any such lien is filed, Tenant shall, within thirty (30) days after notice thereof, discharge the lien of record or, if Tenant elects to contest the lien by appropriate proceedings, bond the lien and diligently prosecute the proceedings. If Tena▇▇ ▇▇▇ls to dischar ge the lien, Landlord may do so, and any monies expended by Landlord in doing so, including court costs and attorneys fees, shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingbe reimbursed by Tenant promptly upon demand.

Appears in 1 contract

Sources: Contract for Sale and Purchase of Assets (V Twin Acquisitions Inc)

Tenant’s Work. Landlord Tenant, through its contractor, and at its cost, but subject to reimbursement from the Tenant acknowledge Allowance, shall be responsible for the construction of all improvements to the Premises for the operation of Tenant’s business at the Premises (“Tenant’s Work”). Tenant anticipates that the Tenant’s Work will be completed in multiple phases, which shall be identified and agree that certain work required defined in Tenant’s Plans (each a “Phase”) for each such Phase. Tenant's occupancy of the Leased Premises’s Work shall also include, including but not be limited to, the following: (a) all improvements to be constructed by Tenant at the procurement Premises pursuant to Tenant Plans (as defined below) and installation of furniture, the obligations set forth in this exhibit and the Lease; (b) all trade fixtures, equipment, artwork furniture, furnishings, decorating (including wall and floor coverings), telephone equipment, electronic, internet and data cabling, or other personal property; (c) all interior signage and exterior signs and design elements; (d) interior or exterior identification or way finding improvements and signs; (e) lighting, fire and life safety and building management systems and any other improvements within the Premises needed for the operation of Tenant’s business at the Premises; (f) additional or supplemental HVAC units; (g) improvements or modifications located anywhere within the Premises that are beyond needed for compliance with Governmental Regulations as a result of: (1) Tenant’s Work; or (2) the scope use of the Tenant Improvements Premises for the Permitted Use; or (3) any construction or alterations to the Premises made by Tenant; and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work"h) shall be subject all modifications needed to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord Premises as a result of any interference changes in Governmental Regulations after the Delivery Date in accordance with Landlord's operations by Tenant or its contractors Section 3.7 of this Lease. Tenant’s Work shall be promptly paid undertaken and completed in a good and workmanlike manner and in compliance with the terms of the Lease, this exhibit and all Governmental Regulations. Tenant shall ensure that all skill and workmanship in Tenant’s Work shall be of uniformly high quality, and in accordance with the good standards of practice. All improvements for Tenant’s Work shall be a commercial standard comparable to similar buildings in the Minnetonka Corporate Center, which is where the Premises is located. Prior to commencement of each Phase of Tenant’s Work, Tenant shall also furnish Landlord with a construction schedule that identifies the timing for major components of such Phase of Tenant’s Work and copies of all construction contracts and subcontracts that Tenant receives. Tenant is authorized to enter the Premises and perform the first phase of Tenant’s Work commencing on the Delivery Date; provided that Tenant may not proceed with any phase of Tenant’s Work until the date that Tenant obtains all approvals of Landlord required under this exhibit, including, but not limited to, the approval by Landlord of Tenant Plans for the first Phase of Tenant’s Work and Tenant’s general contractor. Upon Tenant’s authorization to enter the Premises and perform Tenant’s Work, Tenant shall proceed with reasonable diligence to complete Tenant’s Work in accordance with Tenant Plans approved by the parties so as to allow Tenant to operate its business. Tenant anticipates that the first Phase of Tenant’s Work will be substantially completed by the Rent Commencement Date. Tenant shall pay Rent in accordance with the Lease regardless of when Tenant’s Work is substantially completed. Upon completion of each Phase of Tenant’s Work, Tenant shall notify Landlord that the Phase of Tenant’s Work has been completed and is available for inspection for conformance with the approved Tenant Plans. Tenant shall provide the following to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant substantial completion of any such interference each Phase of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing’s Work: (i) Tenant's contractors, full and final lien releases from the general contractor and all subcontractors; (ii) proof a sworn construction statement from the general contractor referencing the total costs incurred for the completion of the amount and coverage current Phase of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and ’s Work; (iii) complete to the extent available based on the portion of the Tenant’s Work included in such Phase, a final certificate of occupancy or other similar documentation from the government agency having jurisdiction; and detailed plans and specifications for (iv) a written statement from Tenant's Work. (b) ’s architect or contractor that the current Phase of Tenant's ’s Work is substantially completed in accordance with Tenant Plans. All documentation required to be provided to Landlord shall be in a form reasonably acceptable to Landlord. All improvements defined as Tenant’s Work shall be performed owned by Tenant until the Expiration Date or sooner termination of this Lease, at which time ownership shall vest in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.in accordance with

Appears in 1 contract

Sources: Lease Agreement (Antares Pharma, Inc.)

Tenant’s Work. Unless otherwise provided pursuant to written notice given by Landlord and to Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesprior thereto, including but not limited Landlord shall allow Tenant access to the procurement Building and Demised Premises on the date that Landlord reasonably believes to be the fifteenth (15th) day prior to Substantial Completion of Landlord’s Work, so that Tenant, at its sole risk and expense, may enter the Building and Demised Premises to install Tenant’s Cabling and Tenant’s furniture, decorations, furnishings, trade fixtures and equipment (“Tenant’s FF&E”) in the Demised Premises necessary for conduct of its business as herein permitted. All such installation of furnitureTenant’s Cabling, fixtures, equipment, artwork Tenant’s FF&E and interior signage are beyond the scope of the Tenant Improvements and shall be any other work performed by Tenant or its contractors at in or for the Demised Premises (collectively the “Tenant's sole cost and expense. All such work ("Tenant's ’s Work") shall be subject performed in compliance with all provisions and requirements of this Lease including, but not limited to, Section 3 of the Lease, and using qualified, licensed contractors reasonably acceptable to Landlord's prior written approval. The Tenant shall not engage any labor to perform Tenant’s Work which conflicts with the type of labor engaged by Landlord to perform Landlord’s Work or any other work in the Building, and Tenant shall cease use of any such conflicting labor immediately on Landlord’s request. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's ’s Work in such a way manner so as not to hinder damage, delay or delay the operations of Landlord or the Contractor in the Buildinginterfere with Landlord’s Work. Any costs incurred by Landlord as a result of any interference with damage to Landlord's operations ’s Work or to the Demised Premises caused by Tenant or and/or its contractors Permittees shall be promptly paid repaired by and at the sole expense of Tenant. Any failure of Tenant and/or its Permittees to Landlord upon demandcomply with the terms of this Section shall be deemed a Tenant Delay (if the same shall result in a delay in completion of Landlord’s Work) and may give rise to an Event of Default for purposes of this Lease. Landlord Tenant shall make all reasonable efforts to notify Tenant not commence performance of any such interference of which Landlord has actual knowledgeTenant’s Work, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. install of any of Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and ’s FF&E or other property damage insurance carried by Tenant's contractors in the form Demised Premises, nor apply for any permits that would delay Landlord’s Work or acquisition of an endorsed insurance certificate naming permits therefor, until notified in writing by Landlord that Tenant may commence such activities. Tenant and its Permittees will fully cooperate in (and not interfere with or delay) Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Senseonics Holdings, Inc.)

Tenant’s Work. Within fifteen (15) days execution of this Lease, Tenant shall submit preliminary plans and specifications for the improvements and alterations to be completed in the 4th Floor Premises, as further described as “Tenant’s Work” on the Tenant Work Letter attached hereto as Exhibit B to Landlord for Landlord’s preliminary review and Tenant acknowledge and agree that certain work required for Tenant's occupancy approval prior to submission of the Leased Premises, including but not limited same to the procurement appropriate governmental agency for such agency's review and installation of furnitureapproval, fixtures, equipment, artwork and interior signage are beyond the scope Within three (3) business days after receipt of the preliminary plans and specifications, Landlord shall approve the preliminary plans and specifications or deliver to Tenant Improvements its specific objections thereto, together with its proposed solution to each objection. Landlord’s approval of the plans and specifications shall not be unreasonably withheld or delayed. If Landlord fails to either approve or disapprove the preliminary plans and specifications within the 3 business day period, then Landlord shall be performed by Tenant or its contractors deemed to have approved same. Following approval of the preliminary plans and specifications, Tenant, at Tenant's ’s sole cost and expense, shall prepare and deliver to Landlord final plans and specifications and working drawings (based on approved preliminary plans and specifications) covering Tenant’s Work. All Tenant shall obtain approval of the final plans and specifications and working drawings from all appropriate governmental agencies and after they have been approved, a copy shall be initialed and dated by the parties. Tenant shall use diligent efforts to obtain such work approval as soon as is reasonably practicable. The plans and specifications as prepared by Tenant herein ("Tenant's Work"as approved by Landlord herein) shall be subject controlling with respect to Landlord's prior written approvalthe performance by Tenant of Tenant’s Work. Landlord shall not charge Tenant with any review or oversight fees in connection with its review and approval of Tenant’s plans and specifications. Tenant shall adopt a construction schedule for then complete Tenant's ’s Work in conformance a good and workmanlike manner, utilizing new materials and duly licensed contractors, substantially in accordance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed final plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed and working drawings and in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply compliance with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the BuildingApplicable Laws.

Appears in 1 contract

Sources: Office Lease (Skechers Usa Inc)

Tenant’s Work. Landlord (i) Subject to the provisions of this Paragraph 3 and Tenant acknowledge subject to the terms of Paragraphs 7 and agree that certain work required for Tenant8 below regarding Landlord's occupancy disbursement of the Leased Premises“Allowance” and the “Space Plan Allowance” as therein provided, including but not limited to the procurement and installation of furnitureTenant shall, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense, perform such other work to or at the Additional Premises as may be necessary or desired by Tenant to improve the Additional Premises for occupancy, all subject to and in accordance with the provisions of the Lease, including, without limitation, the provisions of Article Nine of the Original Lease. All such work referred to in this subparagraph which is constructed within a period of two ("2) years after the Turnover Date is hereinafter referred to as “Tenant's Work") shall be subject to Landlord's prior written approval. ” (it being understood that Tenant shall adopt a construction schedule for continue to have the right to perform work to or at the Additional Premises following such two year period, provided that such work shall not constitute “Tenant's Work in conformance with the Contractor's scheduleWork” for purposes hereof, and shall perform instead be performed in accordance with all terms and requirements of the Lease governing Tenant alteration work, including the provisions of Article Nine of the Original Lease). Tenant, at Tenant's Work in option, may retain Landlord as construction manager for all or any portion of such Tenant's Work, if Landlord agrees to perform such construction management services. In the event that Tenant elects to retain Landlord as construction manager and Landlord agrees to perform such construction management services, Tenant and Landlord shall enter into a way as not mutually acceptable construction management agreement (with construction management fees payable to hinder or delay the operations of Landlord or the Contractor in the Buildingamount of 3% of the “hard” construction costs of the Tenant's Work). Any costs incurred by In the event Tenant does not elect to engage Landlord as a result of any interference with Landlord's operations by construction manager, then Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's have the right to demand payment retain its own general contractor and/or other contractors for such costs. construction of Tenant's Work, which general contractor and/or other contractors shall be subject to Landlord's prior written approvalapproval (not to be unreasonably withheld), and to the administrative supervision as provided in Article Nine of the ContractorOriginal Lease. Tenant shall, in any event, pay or reimburse Landlord for any out-of-pocket costs actually incurred by Landlord in connection with third-party consultant review of the structural and mechanical, electrical and plumbing aspects of the Tenant's Work and/or the plans and specifications therefor (i.e., structural or MEP engineering review), provided that Tenant does not employ Landlord's designated engineer in connection therewith. Tenant hereby acknowledges and agrees that, in connection with the Tenant's Work, Tenant and any and all contractors performing Tenant's Work shall comply, in all material respects, with Landlord's “Tenant Design and Construction Manual”, a copy of the current version of which having heretofore been made available to Tenant for review (it being understood that Landlord may hereafter revise and/or update said “Tenant Design and Construction Manual” from time to time [herein, in each instance, the “Revised and Finalized Construction Manual”] and Tenant shall comply with each such Revised and Finalized Construction Manual so long as any material changes from the version thereof heretofore made available to Tenant are reasonable and are uniformly imposed, in general, upon other tenants performing construction work at the Building). Tenant's Work shall comply be performed, in any event, only in accordance with all the terms and conditions of the following requirements:Lease, including the provisions of Article Nine of the Original Lease. (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof Without limitation of the amount requirement of Article Nine of the Original Lease that plans and coverage specifications shall be subject to Landlord's approval, prior to the commencement of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Work, Tenant shall submit to Landlord for Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete 's approval full and detailed architectural and engineering plans and specifications for any Tenant's Work. (b) . In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of any Tenant's Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant's Work performed by said engineer. In the event Tenant has elected not to employ Landlord's designated engineer in the preparation of the plans, Landlord reserves the right to have the structural and mechanical, electrical and plumbing portions of the plans reviewed by Landlord's designated engineer, and Tenant shall pay or reimburse Landlord for any out-of-pocket expenses actually incurred by Landlord for such review. Landlord's approval shall be required of engineering plans and specifications, whether prepared by Landlord's designated engineer or another engineer. Tenant shall not permit noise from construction of any Tenant's Work to unreasonably or materially disturb other tenants in the Building. Tenant's Work which does so disturb other tenants shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingafter regular working hours.

Appears in 1 contract

Sources: Lease (FSP 303 East Wacker Drive Corp.)

Tenant’s Work. Landlord Tenant shall do no work in or to the premises in preparation for initial occupancy hereunder. Any work done by the Tenant shall be done in a good and Tenant acknowledge workmanlike manner in accordance with "plans and agree that certain work required for specifications" (as hereinafter defined) which have Landlord's written approval prior to the commencement of Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvalwork. Tenant shall adopt a construction schedule furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's Work business. "Plans and Specifications", as used in conformance this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIV of this lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Contractor's scheduleAmericans With Disabilities Act, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations acquisition by Tenant of a Town of Wilmington Building Permit. In no event shall Landlord be required to provide or its install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this lease one or more responsible contractors whose labor will work in harmony with other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that he will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and the Building and Property. Tenant shall be promptly paid require all such contractors employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall carry Workmen's Compensation Insurance in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, accordance with statutory requirements and to carry Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors in or about the administrative supervision premises in amounts not less that Five Hundred Thousand ($500,000) Dollars combined single limits for property damage, for injury or death of the Contractormore than one person in a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work. Tenant's Work shall comply with Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried actions occasioned by Tenant's contractors being on or about the premises or the Building or the Property of which the same form a part and from Tenant's contractors performing work in the form of an endorsed insurance certificate naming Landlordpremises. All contractors, the Contractorsubcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the agents labor or services, or furnish any materials, or otherwise participate in the improvement of Landlord the premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Contractor as additional insuredspremises to any claim for mechanics', in an amount not less than two million dollarslaborers' and materialmen's liens, and (iii) complete all persons dealing directly or indirectly with Tenant may not look to the premises as security for payment. Tenant shall save Landlord harmless from and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when requiredagainst all expenses, a copy liens, claims or damages to either property or person which may or might arise by reason of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances the making of any governmental entity having jurisdiction over the Buildingsuch additions, improvements, alterations and/or installations.

Appears in 1 contract

Sources: Lease Agreement (Ascent Pediatrics Inc)

Tenant’s Work. Landlord 33.01 The parties hereto acknowledge that it is the intention of Tenant to make alterations to the Demised Premises in order to convert such premises to a state-of-the-art radiological facility and as a full-service radiation facility, In connection with such intention, Tenant acknowledge and agree that certain work required for Tenant's occupancy shall within 90 days of the Leased Premises, including but not limited date hereof prepare plans and specifications to convert the space from their present condition as Tenant may determine subject to the procurement approval of Landlord which shall not be unreasonably withheld. Such plans and installation specifications shall include, without limitation, sprinklers and all utility systems such as gas, water, telephone, electric and HVAC systems. The choice of furniturearchitects, fixturesengineers, equipmentcontractors, artwork subcontractors and interior signage are beyond the scope of the Tenant Improvements and any other agents or independent contractors shall be performed made by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Such approval shall not be unreasonably withheld or delayed. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, obtain all such permits and shall perform Tenant's Work in such a way approvals as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant necessary in order to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) 33.02 Subject to the provisions of Section 13.04, below, upon receiving Landlord's approval and upon receiving all such other approvals and permits necessary to complete the Tenant's Work for a radiological facility and as a full-service radiation facility, Tenant shall, subject to the revisions of Section promptly commence reconstruction of the Demised Premises. Tenant's Work shall be performed in conformity compliance with a valid permit when requiredall applicable federal, a copy state, and municipal laws and the rules and regulations of which the departments and bureaus having jurisdiction thereof and all such work shall be furnished the subject of completion bonds in form and substance, and with such carriers, reasonably acceptable to Landlord. At the conclusion of Tenant's Work, Tenant shall obtain at its sole cost and expense a certificate of occupancy and all other permits and approvals necessary or appropriate authorizing the use of the Demised Premises as a full-service radiological facility. 33.03 Tenant acknowledges that Landlord before or other Tenants may be performing other construction work within the Building during the time of Tenant's Work. The parties shall coordinate their respective work effort in order to complete all such work is commencedas promptly as possible. 33.04 Tenant shall cause Tenants plans to be prepared and shall cause Tenant's Work to be performed all at its own cost and expense and shall complete such work within twelve (12) months of the date hereof. In Notwithstanding the foregoing, Tenant may elect to defer the installation of its linear accelerator or vault provided that if it shall make such election, then it shall: (a) promptly obtain all permits and approvals, other than building department approvals required for such installation, (b) finish all of the Demised Premises to the requirements of all applicable codes and regulations such that the final certificate of occupancy contemplated to be issued for the Demised Premises upon the completion of the work shall encompass and be applicable to the entirety of the Demised Premises, notwithstanding that no linear accelerator or vault of shall have been installed. Tenants Work shall be accomplished in a fashion and on a schedule which does not result in any eventdelay in the issuance of certificates of occupancy for the Building and the Real Property or in reaching the Commencement Date. Should Tenant desire to install a linear accelerator at a later date, it shall do so in accordance with all of the terms and conditions of this Lease, including, without limitation, those provisions pertaining to non-interference with the usual business operations of any other Tenant in the Building. 33.05 Tenant shall remove or cause its builder to remove all tools, scaffolding, unused and discarded building materials, waste, debris and rubbish of any sort in, on or about the Demised Premises within a reasonable time during and after completion of Tenant's Work. During the time of Tenant's Work, Tenant shall cause its builder to keep the Demised Premises or any portion of the Real Property used by either of them, clean, free of hazardous or unsafe conditions, and protected from the elements. 33.06 Tenant's Work shall be subject to owners inspection and reasonable approval after completion to determine whether the same complies with the requirements set forth in this Lease and the plans and specifications approved by Landlord. Landlord shall bear no liability or responsibility arising out of its approval of the plans and specifications for Tenant's Work or the approval of Tenant's Work after completion, and such approvals shall not be deemed a waiver of any provision of this Lease. 33.07 Prior to the Commencement Date Landlord shall permit Tenant to have access to the Demised Premises at reasonable times and upon reasonable notice to Landlord to inspect and make measurements and prepare for or perform Tenant's Work, provided that such entry shall not in Landlord's reasonable judgment interfere with other work being conducted in the Building. Landlord shall not be required to furnish electricity, heat or other utility services to Tenant during said visits or during the course of construction. 33.08 If, prior to the Commencement Date, Tenant shall elect to place any of its fixtures or personal property in or about the Demised Premises, Landlord shall have no liability for any loss or damage to such fixtures, personal property or Building supplies including, without limitation, any and all medical equipment, unless such loss or damage results from the willful act of Landlord. 33.09 Tenant shall install its medical equipment at such times and in such manner so is not to disturb or interrupt the activities of other Tenants in the Building nor to disturb or interrupt other construction work which may be taking place in the Building during Tenant's Work. 33.10 Subject to the prior written consent of Landlord, Tenant, at Tenants sole cost and expense, may move the interior walls of the Demised Premises for the purposes of installation, repair, maintenance or removal of medical equipment. Such moving of walls shall not unreasonably affect utility services or plumbing and electrical lines in and to the Building or the Demised Premises and, if affected, Tenant shall as soon as practicable restore said utility services or plumbing and electrical lines to their operating condition immediately prior thereto. Tenant, at Tenants sole cost and expense, shall restore any interior walls moved pursuant to this paragraph to their condition prior to such moving and shall return all such walls to such condition as shall be equal to or better than that which existed prior to the moving. 33.11 In connection with Tenants use of the Demised Premises, Tenant shall insure that all x-ray, nuclear medicine, radiation equipment and other machinery and equipment to be installed in the Demised Premises is installed, used and maintained in compliance with all federal, state and municipal laws, ordinances and regulations governing the installation, use and maintenance of such machinery and equipment, as well as in accordance with manufacturers suggested repair and maintenance specifications, and shall not at any time use or occupy the Demised Premises in violation of the certificate of occupancy which will be issued for the Demised Premises upon the completion of Tenant's Work or of any certificate of occupancy which may be issued at any time thereafter. In addition, Tenant shall comply with all applicable federal, state and municipal laws, codes ordinances, rules and ordinances regulations regarding handling and disposal of any governmental entity having jurisdiction over nuclear or other waste or by products resulting from the Buildinginstallation, use or maintenance of Tenants nuclear medicine and other machinery and equipment. The representations, covenants and indemnities set forth in Exhibit C are incorporated herein as if fully set forth herein at length. 33.12 During the period in which Tenant's Work is performed, or in the event that Tenant at any time performs any construction or alteration of the Demised Premises, Tenant shall maintain builders risk insurance covering both personal injury and property damage liability as well as risks of damage and destruction during the course of any construction or alteration in such adequate amounts as shall be reasonably agreed upon by the parties. In addition, Tenant shall supply completed structures coverage reasonably agreed upon by the parties. At all times during any such period of construction, Tenant shall cause its contractors and subcontractors to maintain in effect statutory workers compensation and disability insurance and employers liability insurance in such adequate amounts as shall be reasonably agreed upon by the parties, and Tenant shall cause its contractors and subcontractors to provide Landlord with certificates of insurance showing that such coverages are in full force and effect. Tenant shall deliver to Landlord, at least 20 days prior to the time any insurance coverage provided for in this Lease is first required to be carried by Tenant, and thereafter at least 20 days prior to the expiration of any such policy, by either a duplicate original or a certificate of insurance and true copy of all policies procured by Tenant in compliance with its obligations hereunder together with evidence of payment therefor. All policies of insurance provided for in this Lease shall name Landlord, Tenant, and any holder of a mortgage or superior lease affecting the real property as additional named insureds and shall be adjusted with the insurance companies by Landlord. Except with respect to coverage for medical equipment, the proceeds of any such insurance shall be payable to Landlord.

Appears in 1 contract

Sources: Sublease (Radiation Therapy Services Inc)

Tenant’s Work. Except as otherwise described in this Section 10.4, Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord and Tenant acknowledge and agree (i) which consent, as to installations, alterations, additions or improvements that certain work required for Tenant's occupancy do not affect the Building systems or the structure of the Leased PremisesPremises or Building, including but shall not limited be unreasonably withheld or delayed and (ii) which consent shall not be necessary as to the procurement cosmetic improvements (i.e., painting and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and carpeting) that does not cost more than $150,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt procure, at Tenant’s sole expense, all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a construction schedule for Tenant's Work in conformance good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, Tenant shall provide Landlord with a copy of the executed contract with the Contractor's schedulegeneral contractor for such work. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials. Tenant shall employ for such work only contractors approved by Landlord, which approval shall not be unreasonably withheld, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its require all contractors shall be promptly paid employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant carry worker’s compensation insurance in accordance with statutory requirements and commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limit of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, $2,000,000 and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and submit certificates evidencing such coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Subject to compliance with the terms of Section 10.6 of this Lease, Landlord may inspect the work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes of Tenant at reasonable times and ordinances give notice of any governmental entity having jurisdiction over the Buildingobserved defects.

Appears in 1 contract

Sources: Lease (Celldex Therapeutics, Inc.)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees to accept the Leased Property in its present “AS IS” condition. Further alterations of the Leased PremisesProperty will be at Tenant’s sole expense (unless otherwise stated in this Lease) and deemed to be Tenant’s Work. Tenant and Landlord shall approve and attach an Exhibit “D” (“Plan of Work”) to this Lease that shall include any drawings, including but not limited statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are needed to clarify Tenant and Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as soon as possible following the execution of this Lease. Both Tenant and Landlord must approve any changes to the procurement Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and installation specifications by Landlord shall not constitute the assumption of furnitureany responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at solely responsible for such plans and specifications and for all of Tenant's sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for not commence any of Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Exhibit “D.” Tenant's contractors, (ii) proof ’s taking possession of the amount Leased Property shall be conclusive evidence of Tenant’s acceptance thereof in good order and coverage satisfactory condition. Tenant agrees that Landlord has made no representations as to conformance with applicable laws respecting the condition of public liability and property damage insurance carried by Tenant's contractors the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the Leased Property or the environment. Tenant also agrees that no representations respecting the condition of the Leased Property, no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to workmanship or any defects in the form of an endorsed insurance certificate naming Landlord, the Contractormaterial, and no promise to decorate, alter, repair or improve the Leased Property either before or after the execution hereof, have been made by Landlord or its agents of Landlord and to Tenant unless the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worksame are contained herein. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Endocyte Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased PremisesAdditional Space, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorscontractors (which approval shall not be unreasonably withheld or delayed), (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay. (c) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.

Appears in 1 contract

Sources: Lease Agreement (Simplex Solutions Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof improvement of the amount Leased Premises substantially as set forth in, contemplated by, and coverage of public liability and property damage insurance carried by reasonably inferable from the Approved Plan is referred to as "Tenant's contractors Work." Notwithstanding the foregoing, Tenant may install, but shall not be required to install, any sprinklers in the form Building that may be described in the Approved Plan unless their installation is required by the municipality in which the Leased Premises is located. Tenant shall begin construction of an endorsed insurance certificate naming Landlord, Tenant's Work promptly after the Contractor, Delivery of Possession and the agents issuance of Landlord all permits and approvals for the Contractor construction of Tenant's Work have occurred. After commencement and so long as additional insuredssuch permits and approvals remain in effect, Tenant shall diligently prosecute the construction of Tenant's Work in an amount a good and workmanlike manner and in compliance with all applicable legal requirements (including any applicable permits and approvals or directions of governmental authorities) substantially in accordance with the Approved Plan until it has been completed. In the performance of Tenant's Work, Tenant shall not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenantunreasonably interfere with the performance of Landlord's Work. (bii) Tenant represents and warrants to Landlord that all of Tenant's Work will be of good workmanship and quality and will comply in all material respects with all legal requirements, and Tenant shall be performed in conformity with a valid permit when promptly repair (and replace if reasonably required, a copy ) any part of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall that does not comply with all applicable lawsthese representations and warranties during the term of this Lease. The same Tenant warranties, codes representations, repair and ordinances replacement requirements shall apply to any repairs or replacements or alterations performed by Tenant as apply to the original Tenant's Work. Notwithstanding the foregoing, Tenant shall not be obligated to perform any repair or replacement, including a repair or replacement of any governmental entity having jurisdiction over alteration, if the Buildingneed therefor was caused by Landlord's negligence, gross negligence, intentional misconduct, or breach of this Lease. (b) Notwithstanding anything in this Lease to the contrary, Tenant is not required to perform Tenant's Work at any time that Landlord is in material default of its obligations pursuant to this Lease. Material defaults by Landlord include the following: (i). An Event of Default by Landlord under this Lease;

Appears in 1 contract

Sources: Lease Agreement (Balchem Corp)

Tenant’s Work. SECTION 12.01. Subject to Landlord's obligations under Article XI, Tenant agrees to accept the Demised Premises in an "AS IS" condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as otherwise specifically provided in this Lease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant may, at any time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant acknowledge and agree that certain shall first obtain Landlord's written approval, which approval shall not unreasonably be withheld. Tenant's improvements on the Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required for to be performed to permit Tenant's occupancy and use of the Leased Premises, including but not limited to Demised Premises for the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Permitted Use shall be performed by Tenant, at its sole expense, and Landlord shall not be required to perform or to bear any of the expenses for such work. All of such work shall be performed in a diligent manner. SECTION 12.02. Any Tenant's Work made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term. SECTION 12.03. Tenant shall have no power to do any act or its contractors make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord in the Building, or any part thereof. All Tenant's Work, repairs, materials and labor shall be done at Tenant's sole cost expense, and expenseTenant shall be solely and wholly responsible to contractors, laborers and materialmen and such contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the payment of any bills for work done and materials furnished. All such work ("Landlord reserves the right, before approving any Tenant's Work") shall be subject , to Landlord's prior written approval. require Tenant shall adopt to furnish it a construction schedule for good and sufficient bond to secure Tenant's Work in conformance with the Contractor's scheduleliability for payment, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) SECTION 12.04. Tenant shall procure and maintain an adequate workmen's compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of or from Tenant's Work Work. Prior to the commencement of such Tenant's Work, Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished deliver to Landlord before each policy, or a certificate evidencing such work is commenced. In any eventpolicy, together with evidence of payment of premiums for all Tenant's Work shall comply with all applicable laws, codes and ordinances policies of any governmental entity having jurisdiction over the Buildinginsurance required to be maintained by Tenant pursuant to this Section 12.06.

Appears in 1 contract

Sources: Lease (Yardville National Bancorp)

Tenant’s Work. Landlord Tenant shall do the work shown on Build-Out Drawings, ------------- as the work on the part of the Tenant, in a good and Tenant acknowledge workmanlike manner in accordance with "plans and agree that certain work required for specifications" (as hereinafter defined) which have Landlord's written approval prior to the commencement of Tenant's occupancy of the Leased Premiseswork, including but which approval shall not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant unreasonably withheld or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvaldelayed. Tenant shall adopt a construction schedule furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's Work business. "Plans and Specifications", as used in conformance this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIV of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Contractor's scheduleAmericans With Disabilities Act, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations acquisition by Tenant of a Town of Chelmsford Building Permit. In no event shall Landlord be required to provide or its install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this Lease one or more responsible contractors whose labor will work in harmony with other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that he will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and the Building and Property. Tenant shall be promptly paid require all such contractors employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall carry Worker's Compensation Insurance in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, accordance with statutory requirements and to carry Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors in or about the administrative supervision premises in amounts not less that Five Hundred Thousand ($500,000) Dollars combined single limits for property damage, for injury or death of the Contractormore than one person in a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work. Tenant's Work shall comply with Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried actions occasioned by Tenant's contractors being on or about the premises, the Building or the Property, and from Tenant's contractors performing work in the form of an endorsed insurance certificate naming Landlordpremises. All contractors, the Contractorsubcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the agents labor or services, or furnish any materials, or otherwise participate in the improvement of Landlord the premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Contractor as additional insuredspremises to any claim for mechanics', in an amount not less than two million dollarslaborers' and materialmen's liens, and (iii) complete all persons dealing directly or indirectly with Tenant may not look to the premises as security for payment. Tenant shall save Landlord harmless from and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when requiredagainst all expenses, a copy liens, claims or damages to either property or person which may or might arise by reason of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances the making of any governmental entity having jurisdiction over the Buildingsuch additions, improvements, alterations and/or installations.

Appears in 1 contract

Sources: Lease Agreement (MMC Networks Inc)

Tenant’s Work. Section 12.01. Subject to Landlord’s obligations under Article XI, Tenant agrees to accept the Demised Premises in an “AS IS” condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as otherwise specifically provided in this Lease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant shall be financially responsible for the following construction activities. All work shall be performed in accordance to architectural plans prepared by Ignarri and L▇▇▇▇▇ Architects and Tenant acknowledge shall have rights to any and agree that certain work required all warranties provided by sub-contractors and or general contractors. A. Architecture Fees for Tenant's occupancy of the Leased Premises, interior work. B. Interior Fit-Out including but not limited to the procurement and installation of paint, carpet/flooring, furniture, fixtures, equipment, artwork Drive-Thru lanes equipment, upgrades to electrical system, vault system, partitions, and interior signage are beyond doorways. Tenant may, at any time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant shall first obtain Landlord’s written approval, which approval shall not unreasonably be withheld. Tenant’s improvements on the scope Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required to be performed to permit Tenant’s occupancy and use of the Tenant Improvements and Demised Premises for the Permitted Use shall be performed by Tenant Tenant, at its sole expense, and Landlord shall not be required to perform or its contractors at Tenant's sole cost and expenseto bear any of the expenses for such work. All of such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity a diligent manner. Section 12.02. Any Tenant’s Work made shall remain on and be surrendered with a valid permit when requiredthe Demised Premises on expiration or termination of the Term. Section 12.03. Tenant shall have no power to do any act or make any contract which may create or be the foundation for any lien, a copy mortgage or other encumbrance upon the estate of which Landlord in the Shopping Center, or any part thereof. All Tenant’s Work, repairs, materials and labor shall be furnished done at Tenant’s sole expense, and Tenant shall be solely and wholly responsible to contractors, laborers and materialmen and such contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the payment of any bills for work done and materials furnished. Landlord reserves the right, before approving any Tenant’s Work, to require Tenant to furnish it a good and sufficient bond to secure Tenant’s liability for payment, for Tenant’s Work. Section 12.04. Tenant shall procure and maintain an adequate workmen’s compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of or from Tenant’s Work. Prior to the commencement of such Tenant’s Work, Tenant shall deliver to Landlord before each policy, or a certificate evidencing such work is commenced. In any eventpolicy, together with evidence of payment of premiums for all Tenant's Work shall comply with all applicable laws, codes and ordinances policies of any governmental entity having jurisdiction over the Buildinginsurance required to be maintained by Tenant pursuant to this Section 12.06.

Appears in 1 contract

Sources: Lease Agreement (Yardville National Bancorp)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval1. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in a good and workmanlike manner, in accordance with Tenant's plans and specifications, in compliance with all applicable federal, state and municipal laws and regulations. To complete the Tenant's Work, Tenant will enter into a construction contract ("Tenant's Contract") with Schultz- Angelo ▇▇▇▇truction Company ("Tenant's Contractor"), who Tenant certifies to be a licensed Florida general contractor. Tenant shall furnish to Landlord true and correct copies of Tenant's Contract, and any modifications or amendments thereto. 2. All proceeds of the Tenant's Improvements Allowance shall be disbursed by Landlord in checks jointly payable to Tenant and Tenant's Contractor or, at Tenant's written direction, to such other parties as are rendering construction related services. 3. Each request for an advance of proceeds of the Tenant Improvements Allowance shall be on AIA Form G702 or G703, accompanied by receipted invoices for all portions of Tenant's Work which have been paid prior to the request for such advance, and by invoices not receipted with respect to costs of the Tenant's Work which are due and payable, but which have not been paid. Each such request shall also be accompanied by a way as not certificate of the Tenant, Tenant's Contractor and Tenant's Architect that all bills for labor, materials and services then incurred and payable in connection with the Tenant's Work have been paid or will be paid from the advance being requested; that all work and materials are in accordance with Tenant's plans and specifications; that such request for advance is in accordance with the draw schedule and other terms and conditions of Tenant's Contract except that draws shall be made no more frequently than monthly; that all certifications and approvals which may be necessary or customary at such stage of construction have been received; and that all work has been done according to hinder all applicable laws, regulations, building codes, covenants and restrictions and in a good and workmanlike manner, together with lien waivers from any contractor, subcontractor, sub-subcontractor, laborer or delay materialman furnishing labor, services or materials in connection with Tenant's Work. Landlord will pay each requested advance within fifteen (15) days after receipt of the operations foregoing documentation. 4. Tenant acknowledges and agrees that all disbursements of the proceeds of the Tenant Improvements Allowance by Landlord to Tenant and/or Tenant's Contractor are being made at Tenant's request and for Tenant's convenience, and Landlord shall have no responsibility or obligation to see to the application of such funds by Tenant's Contractor, or to otherwise oversee or monitor Tenant's Work, and Tenant agrees to indemnify and hold harmless Landlord against any claims by Tenant's Contractor or other any other parties in connection with the construction of Tenant's Work disbursement obligations of Landlord or hereunder. 5. Tenant and Tenant's Contractor shall at all times comply with Chapter 713, Florida Statutes, regarding construction liens, as the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall same may be promptly paid by Tenant amended from time to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such coststime. 6. Tenant's workmen and contractors shall be subject work in harmony with, and not interfere with, labor employed by Landlord, Landlord's workmen or contractors, or by any other tenant or their contractors. 7. Tenant and Tenant's contractors and workmen shall maintain Workmen's Compensation, public liability insurance, builder's risk and property damage insurance, with hold-harmless provisions, all in amounts and with companies in a form satisfactory to Landlord's prior written approval, and Tenant shall provide certificates of such insurance to the administrative supervision of the ContractorLandlord, with Landlord designated as an additional insured. 8. Tenant's Work shall comply with all of entry onto the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and in connection with the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) construction of Tenant's Work shall be performed in conformity with a valid permit when requireddeemed to be under all of the terms, a copy covenants, provisions and conditions of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingthis Lease.

Appears in 1 contract

Sources: Lease Agreement (National Auto Finance Co Inc)

Tenant’s Work. Landlord and Subject to Section 18.12, on or before the Commencement Date, Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesshall, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for , complete all Tenant's Work in conformance substantial accordance with the Contractor's scheduleFinal Plans (as defined below) as approved by Landlord. Ten (10) days prior to the Premises Delivery Date, and shall perform Tenant will be permitted by Landlord to enter the Premises for the purpose of performing Tenant's Work in such a way as not to hinder or delay and for the operations purpose of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or installing its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgefixtures and other equipment, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: provided (i) TenantTenant shall have obtained Landlord's contractorswritten approval of the Final Plans, (ii) proof Tenant shall have deposited with Landlord the certificates of the amount insurance required in Sections 12.3 and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, 12.4; and (iii) complete and detailed plans and specifications for Tenant's Work. activities shall not interfere with or delay Landlord's Work which shall be reasonably determined by Landlord. Tenant shall, at its expense, remove from the Premises and from the Project all trash which may accumulate in connection with Tenant's activities and, should Tenant fail to do so, Landlord may, no earlier than five (5) business days after providing written notice to Tenant, in addition to any other right or remedy of Landlord, remove such trash following written notice to Tenant, at Tenant's expense, and the reasonable expenses so incurred by Landlord shall be due and payable by Tenant as Additional Rental, upon demand. During such period, Tenant shall perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification. All improvements to the Premises made or performed by Tenant pursuant to Sections 8.2 or 10.4 and Exhibit "C" shall be the property of Tenant throughout the Term. Upon the expiration of the Term or earlier termination of this Lease, all improvements to the Premises, not including any trade fixtures, ATMs, vault, equipment, Tenant's signs and any items identifying the Tenant's business or Tenant's proprietary marks, or other removable personal property, shall be Landlord's property and shall be surrendered to Landlord unless Landlord notifies Tenant to remove any such improvements made by Tenant pursuant to Exhibit "C" or Section 10.4 which Tenant shall do at its sole cost and expense prior to the end of the Term. Notwithstanding anything to the contrary contained herein, Landlord shall continue to be liable for (a) latent defects, and (b) Tenantpatent defects in Landlord's Work shall be performed in conformity with a valid permit when requiredWork, a copy notice of which shall be furnished which, is delivered to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances within one (1) year of any governmental entity having jurisdiction over the BuildingPremises Delivery Date.

Appears in 1 contract

Sources: Lease Agreement (North Valley Bancorp)

Tenant’s Work. Landlord and Any improvements which Tenant acknowledge and agree that certain work required for Tenant's occupancy desires to make to the Premises subsequent to the commencement of the Leased Premises, including but not limited term of this Lease shall require Landlord’s prior written consent pursuant to the procurement and installation of furnitureprovisions of, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant as Alterations in accordance with the requirements of ARTICLE 6, provided, however, that Landlord shall not unreasonably withhold or condition its consent to the making of any such initial tenant improvements Tenant shall be responsible for obtaining all governmental approvals, permits and licenses required for such work and for Tenant’s use and occupancy of the Premises, including without limitation a certificate of occupancy or its contractors equivalent and shall provide Landlord with a copy of all such approvals, permits, licenses and certificates. Additionally, Tenant agrees that if any work must be undertaken within the Premises in order for Landlord or any other tenant in the Building to be able to obtain a certificate of occupancy or its equivalent for any other portion of the Building (such as, by way of example only, life safety work), Tenant will, promptly upon its receipt of written notice from Landlord identifying such work, commence such work and thereafter diligently pursue the same to completion (such work in any event to be completed within thirty (30) days after Landlord’s written notice), all such work to be performed at Tenant's ’s sole cost and expense. All If Tenant fails to promptly commence, pursue and complete all such work ("identified in Landlord’s written notice, Landlord shall have the right to enter the Premises without further notice to Tenant and perform such work at the expense of Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any all costs and expenses incurred by Landlord as a result of any interference in performing such work, together with Landlord's operations interest thereon at the rate specified in Section 4.9 from the date incurred by Tenant or its contractors Landlord until paid in full by Tenant, shall be promptly paid by Tenant to Landlord upon demandwithin thirty (30) days after submission of a ▇▇▇▇ or statement therefor. Promptly following written request from Tenant, Landlord shall make all reasonable efforts cooperate with Tenant, at no additional cost or expense to notify Tenant of Landlord, in obtaining any such interference of which Landlord has actual knowledgegovernmental approvals, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, permits and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worklicenses. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement

Tenant’s Work. On or before the Delivery Date, Landlord shall cause to be delivered to Tenant an accurate and Tenant acknowledge complete set of all as-built drawings and agree that certain work required for Tenant's occupancy of architectural plans and specifications with respect to the Leased Premises, including but not limited to the procurement a utilities plan and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedulefinished floor elevation, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgemechanical, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, electrical and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed other plans and specifications and information (the “Shell Information”) pertaining to or used in connection with the construction of the Premises necessary for Tenant's ’s architect to prepare plans for Tenant’s initial improvement work at the Premises (“Tenant’s Work. (b) ”). Tenant's ’s Work shall be performed in conformity compatible with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall the Shell Information and must comply with all applicable laws, ordinances and building codes (including, without limitation, the Americans With Disabilities Act of 1990, the Florida Americans With Disabilities Accessibility Implementation Act, and ordinances the related implementing regulations, codes, rules and accessibility guidelines, as such acts and related regulations, codes, rules and guidelines may be amended from time to time (collectively, the “ADA”)). Tenant shall have the right, without payment of rent or any other charges, after the Execution Date and prior to the Delivery Date, whenever Tenant shall deem it appropriate, to enter the Premises to inspect the same and, at Tenant’s election, to commence Tenant’s Work; provided, however, that prior to the Delivery Date, any entry onto the Premises shall be at Tenant’s own risk and coordinated with Landlord so as to minimize any interference or disruption to Landlord’s Work. No such entry shall be deemed as Tenant’s acceptance of the Premises, nor shall Tenant be deemed to have assumed control of the Premises by so entering the Premises. All work performed in the Premises by the Tenant shall be done in a good and first-class workmanlike manner and free of any governmental entity having jurisdiction over liens on Landlord’s fee simple interest or on Tenant’s leasehold interest in the Premises. Any modifications to the Building’s structural, mechanical, electrical, plumbing components shall be approved by Landlord prior to Tenant constructing Tenant’s Work, which approval shall not be unreasonably withheld, delayed or conditioned. All costs associated with such approved modifications shall be the sole responsibility of Tenant. Landlord agrees to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action (all at no cost to Landlord) as shall be necessary or desirable to fully consummate and effect the completion of Tenant’s Work, including, but not limited to, providing Tenant and Tenant’s employees, agents, contractors and licensees with full and complete access to the Building and the Common Property surrounding the Building at all times from and after the Delivery Date. In the event that, in the course of completing Tenant’s Work, Tenant experiences any interference, interruption, delay or disturbance that is caused by Landlord or any party claiming by, through or under Landlord, rent shall a▇▇▇▇ on a per diem basis in proportion to such interference, interruption, delay or disturbance. Upon completion of Tenant’s Work, Tenant, at its expense, shall install its furniture, trade fixtures, and equipment so that Tenant can occupy the Premises for the use and purpose intended. Promptly following completion of Tenant’s Work, Tenant shall deliver to Landlord a complete set of “as built” drawings for the Premises detailing all of Tenant’s Work.

Appears in 1 contract

Sources: Lease Agreement (Ultimate Software Group Inc)

Tenant’s Work. Landlord Tenant shall complete the alterations, additions and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited ------------- improvements to the procurement Premises (herein referred to as "TENANT'S WORK"), in a good and installation workmanlike manner in accordance with Plans and Specifications (as hereinafter defined) which have Landlord's written approval prior to the commencement of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") , which approval Landlord shall be subject to not unreasonably withhold, delay or condition; provided, however, Tenant shall have the right, without Landlord's prior consent or the obligation to submit Plans and Specifications to Landlord for approval but upon prior notice to Landlord, to complete alterations, additions or improvements to the Premises which (x) do not cost more than $50,000 in any single instance, (y) do not have any effect on the roof, foundation or other structural components of the Premises or the exterior of the Premises, and (z) do not have any material, adverse effect on the Building Systems (as hereinafter defined) (such alterations, additions and improvements being the "EXEMPT ALTERATIONS"). Within five business days after Tenant delivers any preliminary or final Plans and Specifications to Landlord, Landlord shall respond in writing to Tenant either with Landlord's approval of such Plans and Specifications or with its disapproval, together with a reasonably detailed written approvalexplanation of Landlord's reasonable justifications for such disapproval. Tenant shall adopt a construction schedule furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's Work business. "Plans and Specifications", as used in conformance this Section V(b) and in Section XIII, shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Contractor's scheduleAmericans With Disabilities Act of 1990, as amended from time to time, and a building permit from the municipal department having jurisdiction, if required. In no event shall perform Tenant's Work in such a way as not Landlord be required to hinder provide or delay the operations of Landlord install any trade fixtures or the Contractor in the Buildingequipment. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its shall require all contractors shall be promptly paid employed by Tenant to carry Worker's Compensation Insurance in accordance with statutory requirements and to carry Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors in or about the Premises, Building and Property in amounts not less than Two Million Dollars ($2,000,000) combined single limits for property damage, for injury or death of more than one person in a single accident, and to submit certificates of insurance evidencing such coverage to Landlord upon demandprior to commencement of such work. Tenant agrees to indemnify and hold harmless Landlord shall make and its management agent from all reasonable efforts to notify Tenant claims, actions, demands and causes of any such interference actions occasioned by acts or negligence of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors on or about the Premises or the Building or the Property. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises shall be and are hereby given notice that Tenant is not authorized to subject to Landlord's prior written approvalinterest in the Premises, Building or Property to any claim for mechanics', laborers' and materialmen's liens, and all persons dealing directly or indirectly with Tenant may not look to the administrative supervision Premises, Building or Property as security for payment. Tenant shall save Landlord harmless from and against all such liens and all claims of damage to either property or persons arising out of the Contractor. Tenant's Work shall comply with all performance of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Sycamore Networks Inc)

Tenant’s Work. Landlord Tenant, at its sole cost and Tenant acknowledge expense, shall perform all work (other than Landlord’s Work) in accordance with the terms of this Rider as required to put the Additional Premises in a condition to permit the conduct of Tenant’s business therein and agree that certain work required for Tenant's occupancy in accordance with the requirements of the Leased Premises, including but not limited this Lease. A. When Landlord’s Work has proceeded to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond point where the scope of work described in the Tenant Improvements and shall Working Drawings to be performed by Tenant and the installation of Tenant’s trade fixtures and equipment in the Additional Premises (collectively “Tenant’s Work”) can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Additional Premises for the purpose of performing Tenant’s Work so far as its occupancy is not consistent with Landlord’s Work or its contractors at Tenant's sole cost any work to be done in the Building by Landlord, subject to all the terms and expensecondition of the Lease and the attached Amendment, except that the payment of Rent by Tenant for the Additional Premises shall not commence until the Additional Premises Commencement Date (as defined below). All such work ("Tenant's Work") by ‘tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease. B. Tenant acknowledges that entry onto the Additional Premises when the Landlord's prior written approval’s Work is not Substantially Complete entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent expressly prohibited by law, Tenant shall adopt a construction schedule hereby assumes all such risks for Tenant's Work entry onto the Additional Premises, arid agrees to defend and hold harmless Landlord (its agents, contractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys’ fees in conformance with the Contractor's scheduleconnection therewith, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result arising out of any interference with Landlord's operations personal injury, death, or damage, destruction, loss or misappropriation of property related to entry onto the Additional Premises by Tenant or its contractors agents, employees, contractors. invitees or subtenants prior to such time as the Landlord’s Work is Substantially Complete, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this Lease, Landlords contractors, subcontractors and their employees shall not be considered employees, agents or representatives of Landlord). C. Tenant shall be promptly paid solely responsible to determine at the site all dimensions of the Additional Premises and the Building that affect any work to be performed by Tenant to hereunder. D. Neither review nor approval by Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any plans or specifications for Tenant’s Work or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: plans or specifications either (i) Tenant's contractorsare complete or suitable for their intended purpose, or (ii) proof of the amount comply with applicable laws, ordinances, codes and coverage of public regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability and property damage insurance carried whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance. E. Once approved by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, Tenant shall not make any changes, modifications or additions to the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications submitted to Landlord for Tenant's Work’s Work or any other Leasehold Improvements without the prior written consent of Landlord. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office Lease Agreement

Tenant’s Work. Landlord Tenant may, at its sole cost, install fixtures, equipment and Tenant acknowledge and agree that certain work required for Tenant's occupancy of furnishings in or to the Leased Premises, including but not limited to new signage in compliance with the procurement sign criteria set forth in Exhibit "E", in a first-class manner consistent with Tenant's permitted use. Such trade fixture and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and furnishing activities shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work (defined herein collectively as the "Tenant's Work") . Tenant may, promptly after the date hereof, and at its sole cost, deliver to Landlord plans and specifications for the Tenant's Work (the "Plans"). The Plans shall be subject to Landlord's prior written approvalapproval and the approval of all local governmental authorities with jurisdiction. Landlord agrees not to unreasonably withhold its approval of said Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall adopt a construction schedule promptly submit to Landlord, for Tenant's Work its approval, the Plans amended in conformance accordance with the Contractor's schedule, and changes so required. The Plans shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall also be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractorrevised, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed changed, to incorporate any work required in conformity the Premises by any local governmental field inspector. Landlord's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Plans will comply with a valid permit when requiredall applicable laws (or with the interpretations thereof) or satisfy Tenant's objectives and needs. Landlord shall deliver written notice (the "Approval Notice") to Tenant upon Landlord's approval of the Plans. Upon the delivery of the Approval Notice, a copy and provided the Date of which Delivery has occurred, Tenant shall be furnished proceed, at its sole cost and with due diligence, to Landlord before such work is commencedcomplete all aspects of the Tenant's Work. In any eventTenant shall use only new or like-new, all first-class materials in the Tenant's Work. All Tenant's Work shall comply be done in a good and workmanlike manner and in accordance with all applicable statutes, laws, codes and ordinances regulations. Tenant and Tenant's contractors shall make all efforts and take all steps reasonably appropriate to assure that no Tenant's Work unreasonably interferes with the operation of the Building and the ability of other occupants of the Building to conduct business in a routine manner. Tenant shall have no authority to materially deviate from the approved Plans in the performance of the Tenant's Work, except as authorized by Landlord in writing. Tenant shall provide notice to Landlord of the date of the occurrence of the substantial completion of the performance of the entirety of Tenant's Work, which notice shall be accompanied by a certificate from Tenant's architect or general contractor (the "Completion Certificate") attesting to the occurrence of such substantial completion and setting forth an itemized statement of the nature and cost of all labor and materials used in the completion of the Tenant's Work and a copy of a full and final lien waiver from Tenant's general contractor. Upon receipt of said notice, Landlord shall inspect the Tenant's Work and note any governmental entity having jurisdiction over the Buildingdeficiencies or unfinished items which, if so noted, Tenant shall complete with due diligence.

Appears in 1 contract

Sources: Lease (Antares Pharma Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased PremisesIn addition, including but not limited subject to the procurement provisions hereof, Landlord agrees to perform and installation of furniturecomplete, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such , but provided that the construction and contractor fees shall be approximately up to $30,460.00 in total (including the cost of work and materials, but not including any permitting, filing fees, architect's fees nor any additional costs and expenses for work, materials, permitting and filing fees, architect's fees incurred by reason of the preparation, issuance, review and/or revision of plans, if required, and/or construction of any changes or extras, all of which costs and expenses shall also be paid by Tenant) using Landlord (or Landlord's designee), as its sole contractor, all construction work to the Premises (collectively, "Tenant's Work") described on Exhibit "F" in a first class manner. Without limiting Tenant's other obligations, Tenant shall be subject pay for all filing fees to obtain any necessary permits covering Tenant's Work. Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedulemakes no representations or warranties that if required, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgepermits and approvals are obtainable. In the event that such permits and approvals are not obtained, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) then Tenant's Work shall not proceed until Landlord has approved be performed, and this Lease will remain in writing: (i) Tenant's contractors, (ii) proof full force and effect without any reduction or diminution of Base Rental or Additional Rental subject to the provisions of the amount last sentence of this section. Upon receipt of any necessary permits and coverage approvals Landlord's or its designee, on behalf of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for shall perform Tenant's Work. (b) . Landlord makes no representations or warranties as to the date that Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work substantially completed. It is commenced. In any event, all expressly understood and agreed that Tenant's Work may be performed by Landlord, or its designee, at any time that Landlord or its designee deems appropriate, including such time that Tenant is in occupancy and conducting business in the Premises. Tenant will fully cooperate and allow Landlord and its designee full and complete access to the Premises for the purpose of performing Tenant's Work. There shall comply with all applicable lawsbe no abatement or diminution of the Base Rental or any items of Additional Rental during the performance of Tenant's Work. If Landlord is unable to construct Tenant's Work, codes then Tenant shall have the right to terminate this Lease by written notice to Landlord sent within ten (10) days following Tenant's receipt of notice from Landlord that Landlord is unable to construct Tenant's Work and ordinances if Tenant fails to timely send such notice of any governmental entity having jurisdiction over the Buildingtermination, then Tenant's right to terminate shall be waived.

Appears in 1 contract

Sources: Lease (Aerobic Creations, Inc.)

Tenant’s Work. A. Prior to Tenant’s commencing any work in the Demised Premises or the Building (including, without limitation, any structural work or work relating to the Building’s systems in the Demised Premises), Tenant shall submit to Landlord for Landlord’s written approval, which approval shall not be unreasonably withheld or delayed, all architectural and engineering drawings, plans and specifications (herein collectively referred to as “Tenant’s Plan”) for or in connection with the improvements, installations, additions, alterations and decorations to be made by Tenant acknowledge (herein collectively referred to as “Tenant’s Work”). Tenant shall also submit to Landlord for its written approval a list of contractors, subcontractors, architects, engineers and agree consultants (collectively, “Tenant’s Contractors”) and copies of contracts and subcontracts for Tenant’s Work (“Tenant’s Contracts”). Landlord’s approval of Tenant Contracts shall not be unreasonably withheld or delayed; provided, however, that certain work Landlord may withhold its approval if labor is employed that is not harmonious or compatible with the labor employed by Landlord at the Building. Tenant’s Plan shall be fully detailed, shall show complete dimensions, shall not require any changes in the structure of the Building and shall not be in violation of any laws, orders, rules or regulations of any governmental department or bureau having jurisdiction of the Project. However, notwithstanding anything to the contrary contained in this Lease, Landlord’s approval of Tenant’s Plan shall not be construed to mean that Tenant’s Plan is, or that the alterations/improvements will be, in compliance with applicable law; that being Tenant’s sole responsibility. Tenant shall also be responsible to insure that all Tenant’s Contracts incorporate the necessary provisions of this Lease so that Tenant and Tenant’s Contractors are in full compliance with the terms herein. In no event shall Landlord’s review and approval of Tenant’s Contracts be deemed an approval of the terms contained (or not contained) therein. Any review or approval by Landlord of Tenant’s Plan is solely for Landlord’s benefit and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. Notwithstanding anything to the contrary contained in the foregoing, Landlord’s consent shall not be required for Tenant's occupancy decorative or non-structural work of Tenant (other than non-structural work which by applicable law requires a permit or which affects any Building system or structure for which said non-structural work shall requite Landlord’s consent) costing less than $75,000.00 in the aggregate, which does not affect any Building systems or structure of the Leased PremisesBuilding and for which does not require governmental signoffs. However, including but Landlord must receive no less than ten (10) business days written notice of said decorative or non-structural work along with Tenant’s Plan, Tenant’s Contracts and proper certificates of insurance from the Tenant’s Contractor’s. B. Within ten (10) business days after submission to Landlord of Tenant’s Plan and Tenant’s Contracts, Landlord shall either approve same or shall set forth in writing the particulars in which Landlord does not limited approve same, in which latter case Tenant shall, within twenty (20) days after Landlord’s notification, return to the procurement and installation of furnitureLandlord appropriate corrections thereto. Such corrections shall, fixturesonce again, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written ’s review and approval. Tenant shall adopt a construction schedule for pay to Landlord or Landlord’s architect any reasonable charges or expenses Landlord may incur in reviewing Tenant's Work ’s Plan and Tenant’s Contracts and/or insuring compliance therewith. C. Tenant further agrees that Tenant shall not make any changes in conformance with Tenant’s Plan or Tenant’s Contracts subsequent to approval by Landlord unless Landlord consents to such changes, in writing; Landlord having the Contractor's schedule, and shall perform Tenant's Work right to refuse to consent to any such changes if in such a way as not to hinder or delay the operations reasonable judgment of Landlord or the Contractor in the Building. Any costs incurred Landlord’s architect, such changes materially deviate from Tenant’s Plan theretofore approved by Landlord or otherwise violate the terms of this Lease. Tenant shall pay to Landlord all costs and expenses Landlord may incur or sustain as a result of any interference with Landlord's operations by Tenant such changes. Any charges payable under this Section C or its contractors the preceding Section B shall be promptly paid by Tenant from time to time upon demand as Additional Rent, whether or not the Commencement Date has occurred. D. Following compliance by Tenant with its obligations under the foregoing Sections and approval of Tenant’s Plan and Tenant’s Contracts by Landlord, Tenant shall commence Tenant’s Work and it shall proceed diligently with same, in order to complete same with reasonable promptness using new first class materials and in a good and workmanlike manner. E. Tenant agrees that in the performance of Tenant’s Work (a) neither Tenant, Tenant’s Contractors nor its respective agents or employees shall interfere with the work being done by Landlord upon demand. Landlord shall make all reasonable efforts to notify and its contractors, agents and employees, (b) that Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all any reasonable work schedule, rules and regulations proposed by Landlord, its agents, contractors or employees, (c) that the labor employed by Tenant and Tenant’s Contractors shall be harmonious and compatible with the labor employed by Landlord in the Building, it being agreed that if in Landlord’s judgment the labor is incompatible Tenant shall forthwith upon Landlord’s demand withdraw such labor from the Building, (d) that prior to commencing Tenant’s Work, Tenant and Tenant’s Contractors shall procure and deliver to Landlord worker’s compensation, commercial general liability and such other insurance policies, in such amounts as shall be reasonably acceptable to Landlord in connection with Tenant’s Work, and shall cause Landlord, its managing agent, and any holder of a mortgage and lessor under a superior lease (e.g., ground lease) to be named as an insured thereunder, (e) that prior to commencing Tenant’s Work, Tenant shall obtain the necessary consents, permits, authorizations and licenses from municipal or any other government authorities having jurisdiction of the following requirements: (a) Building or Premises necessary for Tenant's Work ’s operations, improvements and alterations and that no work shall not proceed be started or equipment installed unless and until Landlord has approved in writing: (i) all necessary consents, permits, authorizations and licenses shall have been obtained by Tenant and/or Tenant's contractors’s Contractors, (iif) proof that Tenant shall defend and hold Landlord harmless from and against any and all claims arising from or in connection with any act or omission of the amount Tenant, Tenant’s Contractors or their respective agents, contractors and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insuredsemployees, in an amount not less than two million dollars, and connection with Tenant’s Work (iiig) complete and detailed plans and specifications for that Tenant's Work. (b) Tenant's ’s Work shall be performed in conformity accordance with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all the approved Tenant's Work shall comply ’s Plan and in compliance with all applicable the laws, codes orders, rules and ordinances regulations of any governmental entity department or bureau having jurisdiction over of the BuildingDemised Premises, (h) that Tenant and/or Tenant’s Contractors obtain all required signoffs from the applicable governmental department or bureau and do all further work necessary to obtain same (e.g., air balancing of HVAC system) [the failure to obtain such signoffs under this section (h) being an Event of Default hereunder]; and (i) that Tenant promptly shall pay for Tenant’s Work in full, to the extent payable under any contract with respect to Tenant’s Work between Tenant and any third party hereunder (including Tenant’s Contracts), and to the extent that such payment is not the responsibility of Landlord, Tenant shall provide for the removal and/or bonding of any lien to attach to the Demised Premises or the Land and/or Building (such requirement being subject to all the terms set forth in Section 22 herein). F. In the event that the “hard” cost of any of Tenant’s Contracts shall exceed $50,000,00, in addition to complying with all other provisions hereof, Tenant shall ensure that such Tenant Contract is in assignable form, providing for the completion of all work, labor and materials necessary to complete Tenant’s Work in accordance with Tenant’s Plan; to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to the complete performance of such Tenant’s Contract. G. Tenant shall (or require Tenant’s Contractors to) submit a set of “as built” construction documents to Landlord within 120 days of completion of Tenant’s Work. Failure to deliver such documents shall be an Event of Default following ten (10) days written notice to Tenant and failure to submit such “as builts” within said period. H. Tenant’s Work will not be considered complete until all required governmental signoffs and permits (including, without limitation, Department of Buildings, fire alarm, plumbing, mechanical, electrical, sprinkler, signage, equipment use permits and public assembly permits) are filed with the Department of Buildings and all controlled inspection of air conditioning systems are made. Notwithstanding anything to the contrary contained in this Lease, in the event Landlord is holding funds pursuant to a Tenant Improvement Allowance (as may be hereinafter defined), Landlord shall retain ten percent (10%) of any distribution of the Improvement Allowance to Tenant (or Tenant’s Contractor, as the case may be) by retaining ten percent (10%) of each invoice presented to Landlord for work performed and/or costs expended and to be covered by such Improvement Allowance until all required signoffs and permits, as set forth herein, are obtained. I. In the event of any conflict between this Section 54 and Exhibit “E” attached hereto, if applicable, the terms of this Section 54 shall be superceded by the terms of Exhibit “E”. (1) Tenant, at its sole cost and expense, immediately after the Commencement Date of this Lease, shall obtain all necessary permits and approvals to commence to do, and thereafter diligently and in good faith, complete, all work and make all installations and repairs, if any, necessary to enable it to conduct its business in the Demised Premises and shall equip the Demised Premises with all trade fixtures, personal property, facilities, conduit(s), furniture and equipment necessary to the regular and normal operation of its business. The foregoing work shall be performed in accordance with the terms and conditions of this Lease applicable to Tenant’s Work. (2) Subject to the conditions appearing at the conclusion of this Article 54J(2), Landlord agrees to provide Tenant an improvement allowance for the Premises of up to One Hundred Ninety-Four Thousand Nine Hundred Twenty-Five Dollars ($194,925.00) (“Improvement Allowance”) to be applied against any hard costs and expenses incurred or expended for construction of Tenant’s initial buildout of the Premises (“Tenant’s Initial Buildout”). Notwithstanding the foregoing, up to Sixty Thousand Dollars ($60,000,00) of the Improvement Allowance may be expended by Tenant on “soft costs” (e.g,, architectural, engineering, filing and permit fees) expended for construction of Tenant’s Initial Buildout. The Improvement Allowance shall be paid by Landlord to Tenant’s contractor, materialmen or supplier, as applicable, within thirty (30) days of presentation to Landlord of (i) invoices for the work performed; (ii) a letter signed by an authorized officer of the Tenant stating that the work has been performed correctly and that the amount billed is as provided for in the Tenant’s construction contract with the contractor submitting the ▇▇▇▇; (iii) certification by Landlord’s or Tenant’s architect, at Landlord’s option, that said work has been completed in accordance with the plans approved by Landlord and all contracts between Tenant and the contractors, (iv) a General Release or Lien Waiver signed by the Contractor(s) and subcontractor(s) of Tenant who have performed the work for which they are being compensated and (v) copies of any contract between Tenant and their contractor or subcontractor for which a distribution is requested. Landlord does not act as the guarantor of any work performed by any contractor employed by Tenant nor shall Landlord be responsible, either directly or indirectly, for any work performed by said contractor or subcontractor. In order for any of the Improvement Allowance to be applied to any hard costs and expenses incurred or expended for the construction of Tenant’s Initial Bulldout as provided above, all such hard costs and expenses shall be expended, or a work order relating thereto shall have been finalized, on or before December 31, 2005 [which date may be extended for up to thirty (30) days due to force majeure].

Appears in 1 contract

Sources: Sublease (Shutterstock, Inc.)

Tenant’s Work. Landlord Under the Lease to which this Exhibit is attached, except as otherwise set forth herein, Tenant has agreed to accept the Premises “as is,” without any obligation for the performance of improvements or other work by Landlord, and Tenant acknowledge desires to perform certain improvements thereto (the “Tenant’s Work”, as further described below). Such Tenant’s Work shall be planned and agree that certain work required performed strictly in accordance with the provisions of this Exhibit and applicable provisions of the Lease. Tenant shall take all actions necessary to cause Tenant’s Planners to prepare the Approved Plans, and to cause Tenant’s Contractors to obtain permits or other approvals, diligently prosecute the Tenant’s Work to completion, and obtain any inspections and occupancy certificates for Tenant's ’s occupancy of the Leased PremisesPremises by the Lease Commencement Date. Any delays in the foregoing shall not serve to ▇▇▇▇▇ or extend the time for the commencement of rent under the Lease, including but not limited and then only to the procurement and installation extent of furnitureone (1) day for each day of “Landlord Delay” (as defined below), fixtures, equipment, artwork and interior signage are beyond the scope provided substantial completion of the Tenant’s Work and Tenant’s ability to reasonably use the Premises by the Lease Commencement Date (or by such later date when Tenant Improvements would otherwise have substantially completed the Tenant’s Work) is actually delayed thereby. Landlord agrees to cooperate with Tenant (including signing all reasonably necessary applications and other documents, at no cost or expense to Landlord) in assisting Tenant to complete the Tenant’s Work as soon as possible in accordance with the terms of this Work Letter. Tenant shall be performed notify Landlord upon completion of the Tenant’s Work (and record any notice of completion contemplated by law). As used herein, a “Landlord Delay” shall mean and refer to an actual period of delay in substantial completion of the Tenant’s Work in the Premises caused by any of the following: (i) Landlord’s failure to give approvals or disapprovals of any of the Plans or changes to the Plans within the applicable time periods specified in this Work Letter; or (ii) Landlord’s failure to timely approve Tenant’s Planners or Contractor or both; or (iii) Landlord’s failure to provide Tenant or Tenant’s Contractors reasonable access to the Premises in accordance with (and subject to) the provisions of this Work Letter, for the performance of the Tenant’s Work by Tenant or its contractors at Tenant's sole cost ’s Contractors; or (iv) Any other act or failure to act of Landlord which directly interferes with and expenseactually delays substantial completion of the Tenant’s Work (but subject to the other provisions of this Work Letter to the contrary). All such work ("Tenant's Work") Notwithstanding the foregoing, no Landlord Delay shall be subject deemed to Landlord's prior have occurred unless and until Tenant provides written approval. Tenant shall adopt a construction schedule for Tenant's Work notice to Landlord advising Landlord that such delay has occurred and specifying in conformance with reasonable detail the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder action or delay inaction on the operations part of Landlord which is the basis for such notice. If such action or the Contractor in the Building. Any costs incurred inaction is not cured by Landlord within two (2) business days after receipt of such notice (“Count Day”), then the Landlord Delay as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide set forth in such notice shall in no way limit Landlord's right be deemed to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision have occurred commencing as of the Contractor. Tenant's Work shall comply with all Count Day and continuing for the number of days the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents action or inaction of Landlord and the Contractor as additional insureds, set forth by Tenant in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worksuch notice remains uncured. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Repligen Corp)

Tenant’s Work. Landlord Tenant, at its sole cost and Tenant acknowledge and agree that certain expense, shall perform all work (other than Landlord's Work) in accordance with the terms of this Rider as required for to put the Premises in a condition to permit the conduct of Tenant's occupancy business therein and in accordance with the requirements of the Leased Premises, including but not limited this Lease. A. When Landlord's Work has proceeded to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond point where the scope of work described in the Tenant Improvements and shall Working Drawings to be performed by Tenant or its contractors at and the installation of Tenant's sole cost trade fixtures and expense. All such work equipment in the Premises (collectively "Tenant's Work") can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Premises for the purpose of performing Tenant's Work so far as its occupancy is not inconsistent with Landlord's Work or any work to be done in the Building by Landlord, subject to all the terms and condition of this Lease, except that the payment of Rent by Tenant shall not commence until the Premises are Ready for Occupancy. All work by Tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease. B. Tenant acknowledges that entry onto the Premises when the Premises are not Ready for Occupancy entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent not expressly prohibited by law, Tenant hereby assumes all such risks for entry onto the Premises, and agrees to defend and hold harmless Landlord (its agents, contractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys' fees in connection therewith, arising out of any personal injury, death, or damage, destruction, loss or misappropriation of property related to entry onto the Premises by Tenant or its agents, employees, contractors, invitees or subtenants prior to such time as the Premises are Ready for Occupancy, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this Lease, Landlord's prior written approval. contractors, subcontractors and their employees shall not be considered employees, agents or representatives of Landlord). C. Tenant shall adopt a construction schedule be solely responsible to determine at the site all dimensions of the Premises and the Building which affect any work to be performed by Tenant hereunder. D. Neither review nor approval by Landlord of any plans or specifications for Tenant's Work in conformance or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such plans or specifications either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance. E. Once approved by Landlord, Tenant shall not make any changes, modifications or additions to the Contractor's schedule, any plans and shall perform specifications submitted to Landlord for Tenant's Work in such a way as not to hinder or delay any other Leasehold Improvements without the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision consent of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Office/Service Center Lease (Yesmail Com Inc)

Tenant’s Work. Landlord Tenant shall be responsible for all work to prepare the Leased Premises for its occupancy not provided under L▇▇▇▇▇▇▇’s Work including, but not limited to, the installation and Tenant acknowledge cost of all its internal partitions, fixtures, electrical wiring, telecommunication cabling and agree that certain work required for Tenant's occupancy plumbing costs, together with the cost of any modifications to the ceiling, light or heating ventilation and air-conditioning systems in the Leased Premises, including but not limited to as required by Tenant’s occupancy, excluding any Landlord’s Work provided for herein (the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's prior written approval”). Tenant shall adopt also be responsible for the cost of installing any special equipment required by its occupancy. Tenant’s Work shall be completed in a construction schedule good and workmanlike manner and subject to the prior written approval of T▇▇▇▇▇’s plans by L▇▇▇▇▇▇▇, acting reasonably, as detailed and provided for in paragraph -16- contained herein. Tenant shall bear (i) the out-of-pocket costs of all Landlord’s plan reviews and approvals in respect of the mechanical and electrical components of Tenant's ’s Work in conformance with the Contractor's schedulean amount not to exceed $9,000.00 (plus GST), and shall perform Tenant's Work in such a way as not to hinder or delay (ii) the operations of Landlord or the Contractor in the Building. Any reasonable out-of-pocket costs incurred by Landlord in retaining its base building or designated engineer(s) or consultant(s) to review and approve the plans for any other component(s) of Tenant’s Work (save for the mechanical and electrical components as a result aforesaid), unless Tenant engages the services of any interference such base building or designated engineer(s) or consultant(s) with respect to any such component(s) of Tenant’s Work in which event Tenant shall not be responsible for any costs incurred by Landlord in respect thereof. Tenant shall not be responsible for any charges for electrical use or other security, management, supervision, or elevator use, or other special Landlord costs, during the construction of Tenant’s Work or Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant ’s Work, prior to Landlord upon demandthe Commencement Date. Landlord shall make all reasonable efforts to notify co-ordinate with Tenant the use of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: one (a1) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications service elevator for Tenant's Work’s use during its Fixturing Period. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Tenant’s Work. All work not provided herein to be done by Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work (hereinafter called "Tenant's Work") shall be subject including but not limited to Landlord's prior written approval. Tenant shall adopt a construction schedule for all work designated as Tenant's Work in conformance Exhibit "B," and Tenant shall do and perform at its expense all Tenant's Work diligently and promptly and in accordance with the Contractorfollowing provisions. Tenant agrees to accept the Premises in its present "as is" condition Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right without Landlord's scheduleconsent to re-use any and all improvements, fixtures and equipment existing in the Premises as of the date of this Lease to the extent same are working, in good repair and have adequate capacity and life. Landlord agrees that no such improvements, fixtures and/or equipment shall be removed from the Premises prior to delivery of possession to Tenant, except to the extent removed by the previous tenant of the Premises (or portion thereof) pursuant to its lease. In the event that prior to or during the construction of Tenant's Work any Hazardous Material is found in the Premises, Landlord shall, at is sole cost, remove same, such removal to be in accordance with applicable laws and regulations, and the ninety (90) day period referred to in the definition of "Commencement Required Completion Date" shall perform be extended by the number of days Tenant is delayed by virtue of such work by Landlord. Further alterations of this room will be at the Tenant's sole expense and deemed to be Tenant's Work, including, but not limited to, all work designated as Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvalExhibit "B", and to the administrative supervision of the Contractor. Tenant's Work Tenant shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount do and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, perform all Tenant's Work shall comply diligently and promptly and in accordance with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingfollowing provisions.

Appears in 1 contract

Sources: Lease Agreement (Play Co Toys & Entertainment Corp)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required that Tenant may perform for Tenant's ’s occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's ’s prior written approvalapproval in its reasonable discretion. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Leased Premises per the schedule attached hereto as Exhibit B, in order to perform the Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly deducted from the Landlord Fund (to the extent remaining), or if the Landlord Fund has been depleted, shall be paid for by Tenant to as Excess. Landlord upon demandshall give Tenant prompt notice of such excess costs together with reasonable supporting documentation. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's ’s prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements: (a) Tenant's ’s Work shall not proceed until Landlord has approved in writing: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's ’s Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant’s failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy or a sign-off on the building permit card due to Tenant’s vendors is the responsibility of Tenant and shall be a Tenant’s Delay.

Appears in 1 contract

Sources: Building B Bridge Space Lease (Palo Alto Networks Inc)

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy At least fifteen (15) days prior to Substantial Completion of the Leased PremisesLandlord’s Work, including Tenant at its own risk and expense and at no cost to Landlord, shall have the right to enter the Building and Additional Expansion Space to install Tenant’s Cabling and Tenant’s furniture, decorations, furnishings, trade fixtures and equipment (“Tenant’s FF&E”) in the Additional Expansion Space necessary for conduct of its business as permitted in the Lease. All such installation of Tenant’s FF&E and all other work performed by Tenant in or for the Additional Expansion Space (“Tenant’s Work”) shall be performed in compliance with all provisions and requirements of this Lease including, but not limited to the procurement to, Section 3 and installation of furnitureSection 6 thereof, fixturesand using qualified, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its licensed contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject reasonably acceptable to Landlord's prior written approval. Tenant shall adopt a construction schedule for not engage any labor to perform Tenant's ’s Work in conformance which conflicts with the Contractor's scheduletype of labor engaged by Landlord to perform Landlord’s Work or any other work in the Building, and Tenant shall cease use of any such conflicting labor immediately on Landlord’s request. Tenant shall perform Tenant's ’s Work in such a way manner so as not to hinder damage, delay or delay the operations of Landlord or the Contractor in the Buildinginterfere with Landlord’s Work. Any costs incurred by Landlord as a result of any interference with damage to Landlord's operations ’s Work or to the Additional Expansion Space caused by Tenant or and/or its contractors Permittees shall be promptly paid repaired by and at the sole expense of Tenant. Any failure of Tenant and/or its Permittees to comply with the terms of this Section shall be deemed a Tenant Delay for purposes of the Lease, as modified by this Amendment. Tenant shall not commence performance of any work or installation of any of its property in the Additional Expansion Space, nor apply for any permits that would delay Landlord’s Work or acquisition of permits therefor, until notified in writing by Landlord upon demandthat Tenant may commence such activities. Landlord shall make all reasonable efforts to notify will not unreasonably withhold, condition or delay such notification. Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall and its Permittees will fully cooperate in no way limit (and not interfere with or delay) Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Lease Agreement (Senseonics Holdings, Inc.)

Tenant’s Work. Landlord (a) Tenant shall prepare drawings of certain real property improvements to the Leased Premises desired by ▇▇▇▇▇▇ (“Tenant’s Work”), and Tenant acknowledge shall submit same to Landlord for approval. Tenant’s Work shall be done in a good and agree workmanlike manner in accordance with the plans and specifications approved by Landlord, which approval shall not be unreasonably withheld (upon approval, the “Approved Plans”). Tenant’s Work shall comply with Laws. Any structural or exterior changes to the Approved Plans by Tenant shall be approved in advance by Landlord, which approval shall not be unreasonably withheld or delayed, and shall be in compliance with all Laws. Notwithstanding anything to the contrary contained in this Lease, the Tenant Improvements shall, at all times during the term of this Lease and upon the expiration or earlier termination of this Lease, be the property of Landlord. Tenant shall not acquire any interest, equitable or otherwise, in any Tenant Improvements. Tenant agrees that certain work required the Tenant Reimbursement shall be used for improvements to the Leased Premises, which shall be affixed to the Real Estate and the improvements constructed thereon, and shall not be used for the purchase of Tenant’s personal property. (b) Landlord shall pay Tenant up to Seven Hundred Thousand Dollars ($700,000.00) (the “Tenant Reimbursement”), as contribution to Tenant for Tenant's occupancy ’s Work for furnishing, constructing and installing the work comprising ▇▇▇▇▇▇’s Work (“Tenant Improvements”). The Tenant Reimbursement shall be paid by Landlord to Tenant within ten (10) days of the later of: (i) receipt by Landlord of Tenant’s request for payment together with (A) lien waivers from each contractor or supplier providing more than $10,000 in work or materials and (B) reasonable documentation evidencing Tenant’s payment of amounts equaling up to the amount of the Tenant Reimbursement requested; (ii) substantial completion of the Tenant Improvements; and (iii) Tenant opening for business in the Leased Premises. Tenant, at Tenant’s option, may request reimbursement in portions following delivery of the initial portion of the Leased Premises or delivery of the additional portions of the Leased Premises, including but or any combination. In the event Landlord does not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope timely pay any installment of the Tenant Improvements Reimbursement to Tenant, (1) Landlord shall pay to Tenant interest on such unpaid amounts at a rate of interest equal to four percent (4%) over the prime rate in effect from time to time as established by National City Bank, Columbus, Ohio and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work"2) shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with have the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for deduct any and all such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to amounts owed Tenant against payments of rent thereafter due Landlord until such time as Tenant has been credited the administrative supervision full amount of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's WorkTenant Reimbursement plus applicable interest. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Industrial Lease

Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required PART ONE. General Criteria for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval 1. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay accordance with all Laws including, without limitation, the operations building code of Landlord or the Contractor jurisdiction in which the Building. Any costs incurred by Landlord as a result Center is located and all requirements of any interference the Americans with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsDisabilities Act. 2. Tenant's contractors Initial Work and, except to the extent as may be specifically otherwise provided in the Lease, all subsequent Work in the Premises which Tenant may wish to perform, shall be subject to the advance written approval by Landlord. 3. Tenant shall, prior to commencement of Work, obtain all required building and other permits at Tenant's expense and post said permits at the Premises as required. 4. The loads imposed by Work at the Premises (including dead and live loads) shall not exceed the allowable load capacity of the existing structural systems and components thereof. 5. Tenant shall use only new materials for the Work, including improvements, equipment, trade fixtures and all other fixtures. Notwithstanding the foregoing, Tenant may reuse portions of existing improvements subject to Landlord's prior written approval, provided that said approval shall in no manner relieve Tenant from the requirement that all Work comply with this Lease, the Design Criteria and all Laws. Reuse of existing improvements shall be clearly indicated on Tenant's Drawings (as defined below). Landlord makes no warranty or representation as to the administrative supervision condition or suitability of existing improvements reused by Tenant. 6. Tenant shall make no marks or penetrations into the Contractorroof, upper floor decks, exterior walls, or floors, unless approved by Landlord in advance. 7. If any Work being performed by Tenant to connect to Landlord's utilities requires access through the premises of any other tenant or otherwise will affect any other tenant and Landlord has approved such Work, Tenant shall be responsible for coordinating such Work with such other tenant, restoring said tenant's premises to its original condition following the Work, and compensating said other tenant for any costs incurred by it on account of such Work. 8. If any of Tenant's Work necessitates any special work outside the Premises, such as, but not limited to, increasing the size of electric conduit or adding or relocating water service or sanitary service, Landlord, at Landlord's election, may perform such work and Tenant shall comply with all of reimburse Landlord the following requirements: (a) cost thereof plus 15% thereof for administration, or require Tenant perform the work at Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workcost. (b) 9. No approval from Landlord with respect to any aspect of Tenant's Work shall be performed valid unless in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingwriting.

Appears in 1 contract

Sources: Lease Agreement