Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined]. (a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter. (b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan. (c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans"). (d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans". (e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information (f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Tenant’s Work. The actual (a) Tenant shall perform, at its own cost of and expense, all of the following Tenant's Work set forth in Exhibit "T" and all other work required by Tenant under this Section "3.3" and any other provisions of this Lease. It is understood that Tenant shall be paid through obligated to construct the construction escrow described hereinafter from the Tenant Improvement Allowance building shown on Exhibit "T", and the sidewalks, canopies, roof drains, drive-thru lanes and all other improvements set forth onExhibit "T". Tenant Deposits, if necessary, [as shall be responsible for obtaining all necessary permits from all governmental authorities in connection with Tenant's Work and Landlord agrees to cooperate with Tenant in obtaining such terms as hereafter defined].
(a) Landlord and permits. Tenant have agreed that Landlord shall provide construct or cause to be constructed all improvements within the construction material, hardware and equipment and perimeter of the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises work limit lines designated on Exhibit "S" pursuant to the Plans "Plans" as hereinafter defined. Construction of such improvements shall proceed with reasonable diligence and shall be completed, subject to causes beyond the reasonable control of Tenant or those set forth in Section 17.21 of this Lease, within twelve (12) months after delivery of the Building Pad. Tenant's improvements are herein collectively hereinafter referred to as the "Tenant's Work". Subject , shall be constructed pursuant to the provisions of this Work Letter, Landlord final plans and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord specifications to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) provided by Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord approval within thirty (30) days after Landlord approves the Preliminary Architectural Plansexecution of this Lease, which Plans are to be annexed hereto as part of Exhibit "T". Tenant shall provide original final lien waivers from its contractors and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord subcontractors within thirty (30) days after of the earlier of the date Tenant opens for business or the date Tenant completes its work. Landlord approves acknowledges that final lien waivers cannot be obtained in advance of the Preliminary Architecturalwork being completed.
(b) In addition to the work required to be performed by the Tenant as set forth in Exhibit "T", the Tenant shall, at its sole cost and expense order, install and pay for the installation of all other improvements, fixtures, personal property and equipment (not set forth in Exhibit "L"), necessary, suitable and appropriate for the operation of Tenant's business in the Premises (the "Fixtures and Equipment").
(c) The Building and all improvements and all leasehold repairs, alterations, additions at any time made by the Tenant at and/or to the Premises or attached to or used in connection with the Premises (all hereinafter collectively called the "Tenant's Improvements") shall be deemed attached to the Premises and shall be deemed to be the property of the Landlord upon the expiration or sooner termination of this Lease. The Tenant may not remove said Tenant's Improvements but said Tenant's Improvements shall remain upon the Premises and upon the expiration or sooner termination of this Lease shall be surrendered with the Premises as a part thereof without disturbance, molestation or injury. Tenant's Fixtures and Equipment shall remain the property of the Tenant at all times and may be removed by the Tenant from the Premises upon the expiration or earlier termination of this Lease. Tenant shall repair any damages caused by the removal of its Fixtures and Equipment.
Appears in 1 contract
Tenant’s Work. The actual (A) Tenant shall accept the Third Additional 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 of and expense, shall perform all of work necessary to prepare the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Third Additional Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "for Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed ’s occupancy in accordance with plans and specifications prepared by an architect, licensed by the terms Commonwealth of Massachusetts and conditions reasonably approved by Landlord, such plans and specifications to be subject to the reasonable approval of the Lease and this Work Letter.
(b) Landlord Landlord. Tenant shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects Landlord a detailed floor plan layout together with working drawings (the "Architect"“Tenant’s Submission”) sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to by Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings Third Additional Premises for Tenant’s occupancy (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined“Tenant’s Third Additional Premises Work”). Such architectural floor plan layout and working drawings (the “Third Additional Premises Plans”) shall contain at least the information required by, and specifications shall be subject conform to the requirements of, Exhibit B-2 attached hereto and made a part hereof. Provided that the Third Additional Premises Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-2, Landlord's prior written approval, which ’s approval of the Third Additional Premises Plans shall not be unreasonably withheld withheld, conditioned or delayed, and if Landlord does not require third-party review of such Third Additional Premises Plans, Landlord shall respond within seven fourteen (714) days after Tenant has submitted the Third Additional Premises Plans to Landlord; however, Landlord’s determination of receipt by Landlord of a complete set of such architectural construction drawing and specificationsmatters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord’s sole discretion. If Landlord does not approve the samedisapproves of any Third Additional Premises Plans, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. then Tenant shall cause promptly have the Architect Third Additional Premises Plans revised by its architect to revise incorporate all objections and conditions presented by Landlord and shall resubmit such architectural construction drawings and specifications pursuant plans to Landlord's comments and to deliver to Landlord, within Landlord no later than seven (7) days after receipt Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Third Additional Premises Plans shall have been approved by the Landlord without objection or condition.
(B) Once the Third Additional Premises Plans have been approved by Landlord, Tenant, at its sole cost and expense, shall promptly, and with all due diligence, perform Tenant’s Third Additional Premises Work as set forth on the Third Additional Premises Plans, and, in connection therewith, the Tenant shall obtain all necessary governmental permits and approvals for Tenant’s Third Additional Premises Work. All of Tenant’s Third Additional Premises Work shall be performed strictly in accordance with the Third Additional Premises Plans and in accordance with applicable Legal Requirements (as defined in Section 1.3 of the Lease) and Insurance Requirements (as defined in Section 5.12 of the Lease). Tenant shall have Tenant’s Third Additional Premises Work performed by contractors, reasonably approved by Landlord, which contractors shall provide to Landlord such comments, revised architectural construction drawings and specifications noting insurance as required by Section 8.14 of the changes for Landlord's approvalLease. Landlord shall continue have the right to comment on provide such architectural construction drawings rules and specifications within seven (7) days regulations relative to the performance of receipt Tenant’s Third Additional Premises Work and any other work which the Tenant may perform under the Lease and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services; provided, however, in the event of a conflict between such revised architectural construction drawings rules and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect regulations and the Engineer terms of the Lease, the terms of the Lease shall govern. It shall be Tenant’s obligation to prepare mechanical, plumbing and electrical drawings obtain a certificate of occupancy or other like governmental approval for the Demised use and occupancy of the Third Additional Premises to the extent required by law, and deliver said drawings Tenant shall not occupy any portion of the Third Additional Premises for the conduct of business until and unless it has obtained such approval (to the extent required by law) and has submitted to Landlord within thirty (30) days after Landlord approves a copy of the Preliminary Architectural Planssame together with waivers of lien from all of Tenant’s contractors in form adequate for recording purposes. Tenant shall also prepare and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings submit to Landlord within thirty (30) days promptly after Landlord approves Tenant’s Third Additional Premises Work is substantially complete a set of as-built plans in both print and electronic forms showing the Preliminary Architecturalwork performed by Tenant to the Third Additional Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant’s contractor for Tenant’s computer, telephone and other communication systems.
Appears in 1 contract
Sources: Lease (Amag Pharmaceuticals Inc.)
Tenant’s Work. The actual cost of all Tenant’s Work shall be installed in a manner that conforms with the Premises Contractor’s and/or subcontractor’s schedule for completion of the following Tenant Improvements. Tenant’s Work shall be paid through handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay construction of the construction escrow described hereinafter from TI Work or other Landlord work for other tenants in the Tenant Improvement Allowance Building. No portion of the TI Work shall be dependent upon completion of any Tenant’s Work and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) TI Work shall have priority over any Tenant’s Work; provided Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect Premises Contractor to deliver to Landlord architectural construction drawing use commercially reasonable efforts (which shall not include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work increased costs or liability to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer"Landlord) to prepare the Mechanical/Plumbing cooperate with Tenant so as to allow completion of Tenant’s Work in a timely and Electrical Drawings (as hereinafter defined) efficient manner without unreasonable delay or additional material cost. The contractors, subcontractors and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications materialmen performing Tenant’s Work shall be subject to Landlord's prior written approval, which reasonable approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord and shall be subject to the reasonable administrative supervision of a complete set of such architectural construction drawing Landlord and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally reasonable and customary non-discriminatory rules of the changes required site. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant’s Work shall take all necessary steps to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in such architectural construction drawings and specifications so the event that they will meet the Landlord's approval. Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall immediately cause the Architect withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to revise such architectural construction drawings the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 2.2 of the Lease), and specifications pursuant in addition to Landlord's comments the obligations set forth elsewhere herein, Tenant shall be obligated to pay all cost and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved expense incurred by Landlord in connection therewith, including lost rental income. No portion of Tenant’s Work shall be taken into account in determining whether or not the Premises are referred to herein as the "Preliminary Architectural Plans"Substantially Complete.
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Sources: Lease (Cray Inc)
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, A. Tenant shall cause the Architect to deliver be prepared, at Tenant’s sole cost and expense, and submitted to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's ’s prior written approval, approval (which approval shall not be unreasonably withheld withheld, conditioned or delayed), within all necessary reports, plans, drawings and specifications (collectively, the “Drawings and Specifications”) describing the work to be completed by Tenant for the demolition of the existing structure on the Leased Premises, the Environmental Work, as defined below, and the construction of the Project; such Drawings and Specifications to be substantially consistent with the items described in the [site plan] attached as Exhibit “B” hereto. The Drawings and Specifications, as approved in writing by Landlord, are herein collectively called the “Tenant’s Plans.” The work described in Tenant’s Plans and all other work and improvements to be constructed by Tenant in connection with the Project, is hereinafter collectively called “Tenant’s Work” and shall be performed by Tenant or its contractors at Tenant’s sole cost and expense. Tenant shall not commence Tenant’s Work until Landlord, through its First Selectman or designee, has approved Tenant’s Plans in writing. Upon Landlord’s approval of Tenant’s Plans, Tenant shall commence Tenant’s Work and shall diligently proceed, to complete such work and make all improvements to and install in the Leased Premises all fixtures and other equipment which may be necessary or proper in the operation of the Project. All risk of loss in and to the buildings, fixtures, parking areas, lighting (including bases, poles, fixtures and bulbs), and any other improvements constructed by Tenant on the Leased Premises shall remain with Tenant, and all damage thereto shall be promptly repaired and restored by Tenant. All of Tenant’s contractors constructing or installing Tenant’s Work shall maintain in effect comprehensive general liability insurance in scope and amounts reasonably acceptable to Landlord and comparable to that provided by contractors working in the Town on projects of comparable size and scope and shall name Landlord as an additional insured. Tenant shall provide Landlord with written evidence of all contractors’ insurance prior to the commencement of Tenant’s Work.
B. Tenant’s Work shall be performed and completed by Tenant and its contractors in a good and workmanlike manner and in accordance with all applicable permits, authorizations, laws, ordinances, orders, regulations and requirements of all governmental authorities having jurisdiction over the same. Tenant shall cause Tenant’s Work to be constructed and installed in accordance with Tenant’s Plans; provided, however, that Tenant may make substitutions of materials or components of Tenant’s Work of equivalent grade and quality and make modifications to Tenant’s Work and/or to Tenant’s Plans to the extent reasonably necessary to comply with the terms and provisions of governmental laws, ordinances, rules, regulations and with utility company requirements. Landlord’s consent shall not be required for substitution of materials which are of equivalent grade and quality; provided, that Tenant shall provide Landlord with prior written notice of such substitution of materials (including the original specified material and the proposed substitution material of equivalent grade and quality), and Landlord shall have a period of up to seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) business days after receipt by Tenant of such commentsnotice to object on the basis that such materials are not of equivalent grade and quality. Upon termination of this Lease, revised architectural construction drawings ownership of all buildings, fixtures, and specifications noting the changes for Landlord's approval. Landlord improvements, including without limitation all of Tenant’s Work, shall continue to comment on such architectural construction drawings transfer and specifications within seven (7) days revert automatically without further consent or authorization of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves and shall remain on the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary ArchitecturalLeased Premises.
Appears in 1 contract
Sources: Ground Lease Agreement
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance desires to make certain improvements, renovations, repairs and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements replacements to the Demised Premises described Building as set forth in the Tenant’s Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings All work to be performed by or on behalf of Tenant in the Premises is hereinafter referred to as the “Tenant’s Work”. Landlord agrees that Tenant may undertake Tenant’s Work on the following terms and specifications shall be conditions:
(i) Tenant shall, at Tenant’s sole cost and expense (subject to Landlord's ’s Contribution (as hereinafter defined)), cause plans and specifications (“Tenant’s Plans”) to be prepared and submitted to Landlord for Landlord’s prior approval, including, but not limited to, all space plans, working drawings, mechanical and engineering drawings, disclosing all construction to be performed by Tenant in the Premises; provided, however, that such Tenant’s Plans will be necessary only with respect to such aspects of Tenant’s Work which necessitate plans and specifications, by way of example and not limitation, Tenant’s Work involving construction to the structural components of the Premises or changes to the Building systems. Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. Landlord agrees to review and either approve or disapprove (and noting with such disapproval the specific items not approved and the reasons therefor) Tenant’s Plans within ten (10) business days of Landlord’s receipt of a complete set of Tenant’s Plans. In the event Tenant’s Plans are disapproved, Tenant shall revise and resubmit Tenant’s Plans and Landlord shall review the same and notify Tenant of its approval or disapproval within ten (10) business days thereafter in the same manner as required for the initial submittal. Tenant may, upon notice to, but without the requirement of the written approvalconsent of Landlord, perform such Tenant’s Work as does not require the submission of Tenant’s Plans, is non-structural in nature, does not require openings in or other alterations or improvements to the roof, exterior walls or other structural components of the Building, does not adversely affect any Building system and does not involve any paving work.
(ii) Tenant is hereby granted the right to utilize contractors of Tenant’s own choice (“Tenant’s Contractors”) to make the improvements to the Building, subject to Landlord’s reasonable approval as to the qualifications of the general contractor and subcontractors with contracts in excess of $75,000.00, which approval shall not be unreasonably withheld withheld, conditioned or delayed. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. Such work performed by Tenant’s Contractors shall comply with all applicable insurance requirements, all laws, statutes, ordinances and regulations of the City of Naperville, the State of Illinois and the United States of America. Tenant shall permit Landlord to observe all construction operations within seven the Premises, however Landlord shall not charge Tenant any supervisory or construction management fees in connection with the Tenant’s Work. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises complies with laws, complies with Tenant’s Plans, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the terms of this Lease.
(7iii) Tenant, at its sole cost and expense, shall file any necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals as necessary to perform and complete Tenant’s Work. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord.
(iv) Tenant shall at all times keep the Premises and adjacent areas reasonably free from accumulations of waste materials or rubbish caused by its suppliers, contractors or workmen. Landlord reserves the right to do clean-up at the expense of Tenant if Tenant fails to comply with Landlord’s reasonable cleanup requirements. At the completion of Tenant’s Work, Tenant’s Contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises. Any damage caused by Tenant or Tenant’s Contractors to any portion of the Premises or to any property of Landlord shall be repaired forthwith by Tenant at its expense to the condition prior to such damage.
(v) Tenant and Tenant’s Contractors shall assume responsibility for the prevention of accidents and shall take all reasonable safety precautions with respect to Tenant’s Work and shall comply with all reasonable safety measures initiated by Landlord and with all applicable laws, ordinances, rules, regulations and orders applicable to Tenant’s Work including those of any public authority for the safety of persons or property. Tenant shall advise Tenant’s Contractors to report to Landlord any injury to any of its agents or employees and shall furnish Landlord a copy of the accident report filed with its insurance carrier within three (3) days of receipt its occurrence.
(vi) Tenant shall procure and maintain or cause Tenant’s Contractors to maintain the kinds and amounts of insurance as reasonably required by Landlord of a complete and otherwise in accordance with the requirements set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant forth in writing generally Article IX of the changes Lease. Prior to the commencement of any construction activity on the Premises, certificates evidencing such insurance required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant herein shall cause the Architect be delivered to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings policies shall be renewed and specifications when approved by new certificates shall be deposited with Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within at least thirty (30) days after Landlord approves prior to the Preliminary Architectural Plansexpiration of the existing policies. Tenant All insurance policies shall be written with insurance companies and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings be in form reasonably satisfactory to Landlord within and shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or modified without thirty (30) days after days’ advance written notice to Landlord. The minimum limits of insurance shall not limit or diminish Tenant’s liability under the Lease. The failure of Landlord approves to obtain such evidence from Tenant or Tenant’s Contractors before permitting construction to commence shall not be deemed to be a waiver by Landlord of any requirement herein, and Tenant shall remain under continuing obligation to maintain and cause Tenant’s Contractors to maintain the Preliminary Architecturalspecified insurance coverage. Any and all deductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any insurance maintained by Landlord shall apply in excess of and not contribute with insurance provided by Tenant or Tenant’s Contractors.
Appears in 1 contract
Tenant’s Work. The actual (a) Tenant shall perform, at its own cost of and expense, all of the following Tenant's Work set forth in Exhibit "T" and all other work required by Tenant under this Section "3.3" and any other provisions of this Lease. It is understood that Tenant shall be paid through obligated to construct the construction escrow described hereinafter from the Tenant Improvement Allowance building shown on Exhibit "T", and the sidewalks, canopies, roof drains, drive-thru lanes and all other improvements set forth on Exhibit "T". Tenant Deposits, if necessary, [as shall be responsible for obtaining all necessary permits from all governmental authorities in connection with Tenant's Work and Landlord agrees to cooperate with Tenant in obtaining such terms as hereafter defined].
(a) Landlord and permits. Tenant have agreed that Landlord shall provide construct or cause to be constructed all improvements within the construction material, hardware and equipment and perimeter of the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises work limit lines designated on Exhibit "S" pursuant to the Plans "Plans" as hereinafter defined. Construction of such improvements shall proceed with reasonable diligence and shall be completed, subject to causes beyond the reasonable control of Tenant or those set forth in Section 17.21 of this Lease, within twelve (12) months after delivery of the Building Pad. Tenant's improvements are herein collectively hereinafter referred to as the "Tenant's Work". Subject , shall be constructed pursuant to the provisions of this Work Letter, Landlord final plans and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord specifications to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) provided by Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord approval within thirty (30) days after Landlord approves the Preliminary Architectural Plansexecution of this Lease, which Plans are to be annexed hereto as part of Exhibit "T". Tenant shall provide original final lien waivers from its contractors and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord subcontractors within thirty (30) days after of the earlier of the date Tenant opens for business or the date Tenant completes its work. Landlord approves acknowledges that final lien waivers cannot be obtained in advance of the Preliminary Architecturalwork being completed.
(b) In addition to the work required to be performed by the Tenant as set forth in Exhibit "T", the Tenant shall, at its sole cost and expense order, install and pay for the installation of all other improvements, fixtures, personal property and equipment (not set forth in Exhibit "L"), necessary, suitable and appropriate for the operation of Tenant's business in the Premises (the "Fixtures and Equipment").
(c) The Building and all improvements and all leasehold repairs, alterations, additions at any time made by the Tenant at and/or to the Premises or attached to or used in connection with the Premises (all hereinafter collectively called the "Tenant's Improvements") shall be deemed attached to the Premises and shall be deemed to be the property of the Landlord upon the expiration or sooner termination of this Lease. The Tenant may not remove said Tenant's Improvements but said Tenant's Improvements shall remain upon the Premises and upon the expiration or sooner termination of this Lease shall be surrendered with the Premises as a part thereof without disturbance, molestation or injury. Tenant's Fixtures and Equipment shall remain the property of the Tenant at all times and may be removed by the Tenant from the Premises upon the expiration or earlier termination of this Lease. Tenant shall repair any damages caused by the removal of its Fixtures and Equipment.
Appears in 1 contract
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant DepositsAll work, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed other than that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have specifically agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work writing to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, by Landlord shall be performed by ▇▇▇▇▇▇ ▇, at ▇▇▇ Associates▇▇▇▇’s sole cost and expense, Inc., (and in accordance with the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings plans and specifications shall be subject hereinafter referred to Landlord's prior written approvalin this Section, which approval shall not be unreasonably withheld or delayed, within seven (7) days prepared by ▇▇▇▇▇▇’s architect in conformity with the description of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant ▇▇▇▇▇▇’s work in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approvalExhibit “B”. Tenant shall cause the Architect to revise such architectural construction drawings prepare and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings submit to Landlord for approval, within thirty (30) days from the date of this Lease, three (3) complete sets of preliminary plans, drawings and specifications covering Tenant’s work, prepared in conformity with the applicable provisions of Exhibit “B”. If Landlord or ▇▇▇▇▇▇▇▇’s architect notifies Tenant of any objections to such plans, drawings, and specifications, Tenant shall make the necessary revisions to Landlord’s reasonable satisfaction and promptly resubmit the same after such notice. ▇▇▇▇▇▇▇▇’s approval will be evidenced by endorsement to that effect on two (2) sets of the preliminary plans, drawings and specifications, one set to be retained by Landlord approves the Preliminary Architectural Plansand one set by ▇▇▇▇▇▇. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within Within thirty (30) days after ▇▇▇▇▇▇▇▇’s approval of the preliminary plans, drawings and specifications, Tenant shall deliver to Landlord approves three (3) complete sets of working plans, drawings and specifications, each of which sets shall have been initialed by ▇▇▇▇▇▇, thereby evidencing Tenant’s approval thereof. Landlord shall notify Tenant of the Preliminary Architecturalmanner, if any in which said working plans, drawings and specifications as submitted to Tenant fail to conform with said preliminary plans, drawings and specifications and with the applicable provisions of Exhibit “B”. Tenant shall revise or correct said working plans, drawings and specifications to Landlord’s reasonable satisfaction and promptly submit such revisions or corrections to Landlord similarly initialed. ▇▇▇▇▇▇▇▇’s approval will be evidenced by endorsement to that effect on one set of the working drawings and specifications and the return of such signed set to Tenant.
Appears in 1 contract
Tenant’s Work. The actual cost of all Tenant shall, as of the following shall be paid through Actual Substantial Completion Date, commence the construction escrow described hereinafter from performance of the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
work (a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject ) necessary to prepare the provisions of this Work LetterPremises for Tenant's occupancy, Landlord and Tenant have agreed to proceed shall thereafter diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for prosecute the Tenant's Work to completion. Except for Landlord's Contribution, as set forth in Section 3.5, all of the Tenant's Work shall be performed at Tenant's sole cost and expense, and shall be performed in accordance with the Demised Premises which architectural construction drawings and specifications are acceptable provisions of this Lease (including, without limitation, Section 5.14). Tenant shall take necessary reasonable measures to Tenant and sufficient the end that Tenant's contractors shall cooperate in all respects for Tenant reasonable ways with Landlord's contractors to cause avoid any delay in any work being performed by Landlord. In performing Tenant's mechanical/plumbing Work, Tenant shall take all precautions necessary to protect the Building elevators (including, without limitation, installing padding on the walls and electrical engineercovering on the floor of said elevators) and the common areas of the Property, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering and shall be responsible for repairing any damage thereto resulting from Tenant's Work. In co11I1ection with the performance of Tenant's Work, Tenant shall submit to Landlord for Landlord's approval an initial set of plans (the "EngineerInitial Plans"), progress plans from time to time ("Interim Plans") and a full set of constrnction drawings ("Final Plans") for Tenant's Work (collectively "the Plans"). The Plans shall contain at least the information required by, and shall conform to prepare the Mechanical/Plumbing requirements of, Exhibit B-2. Landlord's approval of the Initial Plans and Electrical Drawings the Interim Plans (as hereinafter definedand the Final Plans, provided that the Final Plans (i) are consistent with the Initial Plans and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc.Interim Plans, (ii) contain at least the "Structural Engineer"information required by, and conform to the requirements of, said Exhibit B-2, and (iii) to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to comply with Landlord's prior written approval, which approval requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building) shall not be unreasonably withheld umeasonably withheld, conditioned or delayed. Landlord's approval is solely given for the benefit of Landlord under this Section 33, and neither Tenant nor any third party shall have the right to rely upon Landlord's approval of Tenant's plans for any other purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord agrees to respond to any Initial Plans within seven twenty-one (721) days ofreceipt thereof, to Interim Plans within ten (10) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the samethereof, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, Final Plans within seven fourteen (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (714) days of receipt thereof. If Landlord disapproves of such any Plans, then Tenant shall have the Plans revised architectural construction drawings by its architect to incorporate all reasonable objections and specifications until such architectural construction drawings conditions presented by Landlord and specifications are approved by resubmitted to Landlord. Such architectural construction drawings and specifications when process shall be followed until the Plans shall have been approved by the Landlord are referred without objection or condition. Landlord shall respond to herein as the "Preliminary Architectural Plans".
(e) resubmission of any Plans by Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalfive
Appears in 1 contract
Sources: Sublease Agreement (Care.com Inc)
Tenant’s Work. The actual cost of all of At any time or from time to time during the following shall be paid period commencing on the Suite 1440 Expansion Premises Effective Date and continuing through the construction escrow described hereinafter from New Expiration Date, Tenant may perform Tenant’s Work. If Tenant elects to perform Tenant’s Work, the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [Tl Plans will be developed as such terms as hereafter defined].follows:
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described)3.1. The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect Tenant Improvement Designer to meet with Tenant and prepare (and deliver to Landlord architectural construction drawing (which shall include (iand Tenant) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish detailed plans and schedules) and also specifications for the Tenant's ’s Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined“Preliminary Tl Plans”). Such architectural drawings and specifications shall be subject to Landlord's prior written Landlord shall, within ten (10) business days following its receipt of the Preliminary Tl Plans, either approve such Preliminary Tl Plans or provide Tenant with the reasons that Landlord is withholding such approval, which approval shall not reasons must be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specificationsreasonable. If Landlord does not approve the samePreliminary Tl Plans, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall immediately cause the Architect Tenant Improvement Designer to revise again meet with Tenant to have the Preliminary Tl Plans revised, in a manner acceptable to Tenant and consistent with Landlord’s comments, and then resubmitted to Landlord for approval (with such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, subsequent approvals/disapprovals being provided by Landlord within seven (7) business days after receipt by of the complete submittal of the revised Preliminary Tl Plans). Once Landlord has approved the Preliminary Tl Plans, Tenant of such commentsshall cause the Tenant Improvement Designer to prepare complete, revised architectural construction drawings detailed working plans and specifications noting (consistent with the changes for Landlord's approvalLandlord approved Preliminary Tl Plans) sufficient to obtain the necessary building permits and to then renovate the Expansion Premises (the “Tl Plans”). Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are The Tl Plans, once approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein , will serve as the "Preliminary Architectural Plans"basis for Tenant to undertake and complete Tenant’s Work.
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Tenant’s Work. The actual cost of all Upon delivery of the following Premises to Tenant in the Delivery Condition, Tenant shall be paid through perform the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises work described in the Plans (Exhibit B as that term is hereinafter described). The material“Tenant’s Work” with a licensed contractor, hardware in compliance with applicable laws and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the space plan attached to this Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects Exhibit D (the "Architect") sufficient to allow the Architect to complete a Preliminary “Space Plan.
(c) ”). Tenant agrees shall cause its architect and/or engineer to cause Architect to deliver to Landlord on or before ______________ prepare final plans for the Demised Premises Tenant’s Work based upon the Space Plan ("Preliminary Space “Plans"”).
, and Landlord shall approve the Plans within ten (d10) On or before _________________business days after receipt from Tenant, or, if Landlord does not approve of the Plans, Landlord shall specify the reasonable grounds upon which Landlord disapproves of the Plans. If Landlord reasonably disapproves the Plans, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work same to be performed in revised to address Landlord’s objections and re-submit them to Landlord, and Landlord shall approve or disapprove the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering same within ten (the "Engineer"10) to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined)business days. Such architectural drawings and specifications process shall be subject to repeat until Landlord has approved the Plans. Upon Landlord's prior written approval, which ’s approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Plans, Tenant shall cause its contractor to construct the Architect Tenant’s Work in accordance with the Plans. In the event Tenant desires thereafter to revise such architectural construction drawings and specifications pursuant change the Plans, Tenant shall submit a revised set of Plans to Landlord's comments and to deliver to LandlordLandlord for approval, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanicalprocess above shall apply until the revised Plans are approved. Upon completion of Tenant’s Work, plumbing and electrical drawings for Tenant shall provide "as-built" drawings, together with a CAD disk showing the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary ArchitecturalTenant’s Work.
Appears in 1 contract
Sources: Commercial Lease
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause have the Architect right to deliver to Landlord architectural construction drawing (which shall include (i) furniture submit plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in stages for portions of the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approvalPremises. Tenant shall cause the TI Architect to revise prepare and deliver to Landlord for Landlord's or MDC's review preliminary plans (architectural, mechanical, electrical, plumbing and structural, if necessary) and specifications for the proposed leasehold improvements (the "Preliminary Plans"). Landlord shall have ten (10) business days after its receipt thereof (or such architectural additional time as may reasonably be necessary) to review the Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the leasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. The TI Architect shall modify the Preliminary Plans to accommodate Landlord's changes, and resubmit the revised plans (the "Revised Preliminary Plans") to Landlord for approval. If Tenant or the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to reasonably require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease, which restoration work shall be agreed upon at the time the Revised Preliminary Plans are approved. Upon receipt of Landlord's approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and specifications pursuant for the construction of the proposed leasehold improvements (the "Working Drawings"). The Working Drawings shall be in sufficient detail for (i) Tenant's general contractor to Landlord's comments obtain bids from all trades for and to deliver to Landlord, within seven perform the work described on the Working Drawings; (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Tenant’s Work. The actual (A) Tenant shall accept the Premises in their as-is condition without any obligation on Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto. Tenant, at its sole cost of all and expense (subject to payment of the following Tenant Allowance (as defined hereafter)), shall perform all work necessary to prepare the Premises for Tenant’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 paid through subject to the construction escrow described hereinafter from reasonable approval of Landlord. Tenant shall endeavor in good faith to submit to Landlord no later than the Tenant Improvement Allowance Plans Date a detailed floor plan layout together with working drawings (the “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 Tenant Deposits“Plans”) shall contain at least the information required by, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements conform to the Demised Premises described in 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 (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject revisions resubmitted to Landlord's prior written approval, which approval ) shall not be unreasonably withheld or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord’s sole discretion. Landlord agrees to respond to Tenant’s submission of the Plans within seven five (75) business days after such submission. The failure of receipt by Landlord to respond to Tenant within such five (5) business day period shall be deemed a “Landlord Delay”. In the event of a complete set Landlord Delay, Tenant shall be entitled to a rent abatement against Tenant’s obligation to pay Annual Fixed Rent following the Rent Commencement Date equal to one (1) day for each day of such architectural construction drawing and specificationsLandlord Delay. In addition, if Landlord shall fail to respond to Tenant’s submission of the Plans within such five (5) business day period, then Tenant may, after the expiration of such five (5) business day period, give Landlord another request (the “Second Request”) therefor, which shall state in bold face, capital letters at the top thereof: “WARNING: SECOND REQUEST. FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF.” If Landlord does not approve respond within three (3) business days after receipt of the sameSecond Request, then Landlord’s consent to the submitted Plans shall be deemed to have been granted; provided that in no event shall Landlord’s consent be deemed given for any structural alterations or alterations affecting the exterior of the Building. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such plans to Landlord no later than five (5) 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 Landlord without objection or condition. Landlord hereby approves of the initial schematic plans for Tenant’s Work attached hereto as Exhibit B-3 (the “Approved Schematic Plan”).
(B) Once the Plans have been approved by Landlord, then commencing on the Delivery Date, Tenant, at its sole cost and expense (subject to payment of the Tenant Allowance (as defined hereafter)), 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. Landlord agrees to cooperate reasonably with ▇▇▇▇▇▇▇ to the extent necessary to obtain such permits, provided that Landlord shall advise Tenant not be obligated to incur any cost in writing generally connection therewith. All of Tenant’s Work shall be performed strictly in accordance with the Plans and in accordance with applicable Legal Requirements (as defined in Section 1.3 hereof) and Insurance Requirements (as defined in Section 5.12 of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approvalLease). Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to have Tenant’s Work performed by contractors, reasonably approved by Landlord, within seven (7) days after receipt which contractors shall provide to Landlord such insurance as required by Tenant Section 8.14 of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approvalLease. Landlord hereby approves of ▇. ▇▇▇▇▇▇ & Associates as Tenant’s general contractor. Landlord shall continue have the right to comment on provide reasonable rules and regulations relative to the performance of Tenant’s Work and any other work which Tenant may perform under the Lease and Tenant shall abide by all such architectural construction drawings rules and specifications within seven (7) days regulations and shall cause all of receipt its contractors to so abide. It shall be Tenant’s obligation to obtain a certificate of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings occupancy or other like governmental approval for the Demised use and occupancy of the Premises to the extent required by law, and deliver said drawings Tenant shall not occupy the Premises for the conduct of business until and unless it has obtained such approval and has submitted to Landlord within a copy of the same together with waivers of lien from all of Tenant’s contractors in form adequate for recording purposes. Tenant shall also prepare and submit to Landlord promptly after Tenant’s Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant’s contractor for Tenant’s computer, telephone and other communication systems. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord, as Additional Rent, an amount equal to the third party expenses incurred by Landlord approves to review Tenant’s Plans and Tenant’s Work to the Preliminary Architectural Plans. extent that Landlord reasonably believes that such third-party review is necessary (but in no event shall Tenant be required to reimburse Landlord more than $3,000 in connection with any such third-party review of Tenant’s Plans and Tenant’s Work) (the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural“Third Party Review Costs”).
Appears in 1 contract
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause have the Architect right to deliver to Landlord architectural construction drawing (which shall include (i) furniture submit plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in stages for portions of the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approvalPremises. Tenant shall cause the TI Architect to revise prepare and deliver to Landlord for Landlord's or MDC's review preliminary plans (architectural, mechanical, electrical, plumbing and structural, if necessary) and specifications for the proposed leasehold improvements (the "Preliminary Plans"). Landlord shall have ten (10) business days after its receipt thereof (or such architectural additional time as may reasonably be necessary) to review the Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the leasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. The TI Architect shall modify the Preliminary Plans to accommodate Landlord's changes, and resubmit the revised plans (the "Revised Preliminary Plans") to Landlord for approval. If Tenant or the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease. Upon receipt of Landlord's approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and specifications pursuant for the construction of the proposed leasehold improvements (the "Working Drawings"). The Working Drawings shall be in sufficient detail for (i) Tenant's general contractor to Landlord's comments obtain bids from all trades for and to deliver to Landlord, within seven perform the work described on the Working Drawings; (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Tenant’s Work. The actual cost of all of A. Tenant shall demolish and build out the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed Sixth Floor space in accordance with the its requirements and subject to all terms and conditions of the Lease pertaining to Landlord's review and this Work Letterapproval of same.
(b) B. Subject to Tenant's receipt of a one year warranty for all work performed in connection with its buildout of the Sixth Floor, Landlord shall submit instructions hereby approves both Plaza Construction and Building plans and Specifications described Structuretone as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans general contractors for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________Tenant's buildout, provided, however, that Tenant shall cause use a subcontractor designated by Landlord to do the Architect to deliver to Landlord architectural construction drawing (which electrical hookups, provided that the costs associated with using such designated contractor shall include (i) furniture plans showing details be competitive with those of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed other contractors in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ AssociatesCounty. Landlord will review Tenant's construction plans within ten (10) business days of receipt. Notwithstanding the foregoing, Inc.Landlord or its affiliate will be provided with a copy of the bid from or the proposed contract with the subcontractor(s) which is about to be designated to perform the HVAC work and electrical hookups, along with all necessary plans and specifications, and Tenant shall award the subcontract(s) for the HVAC work and electrical hookups to Landlord (or its affiliate) in the "Structural Engineer") to prepare event Landlord's bid does not exceed that of the Structural Drawings (as hereinafter definedTenant's subcontractor(s). Such architectural drawings and specifications shall be subject .
C. Subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days review of receipt by Landlord of a complete set of such architectural construction drawing plans and specifications. If Landlord does not approve the specifications pertaining to same, Landlord shall advise Tenant in writing generally will not unreasonably withhold or delay its approval to Tenant's installation of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant an additional 50 tons of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings air conditioning for the Demised Premises and deliver said drawings to Tenant's installation of additional electrical capacity.
D. The second sentence of Article 15.01 of the Lease is hereby replaced with the following: "No consent will be necessary for non-structural changes of less than one hundred thousand dollars ($100,000.00) provided that Tenant must notify Landlord within thirty (30) days after of such changes in advance and, if Tenant has or should be reasonably expected to have plans and specifications prepared for such nonstructural changes, Tenant shall supply Landlord approves the Preliminary Architectural Plans. Tenant with plans and the Engineer shall cooperate fully specifications pertaining to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalsuch changes in advance."
Appears in 1 contract
Sources: Lease Modification Agreement (Alliance Capital Management Lp)
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord Tenant shall be responsible for making any alterations or improvements to the Premises required by Tenant (which shall include the construction of any demising walls required to fully demise the Premises from the remainder of the fourth (4th) floor), all of which shall be at Tenant’s sole cost and Tenant have agreed expense except that Landlord shall provide Tenant with an allowance as hereinafter described as a contribution toward the construction material, hardware costs incurred by Tenant to design and equipment construct Tenant’s initial alterations and the labor to construct and install the improvements to the Demised Premises described Premises. Tenant shall cause an architect licensed in the Plans State of Maryland to prepare complete construction plans and specifications for said initial alterations and improvements (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "“Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed ’s Plans”) in accordance with the terms requirements of Exhibit C attached hereto. Tenant’s Plans shall be subject to review and conditions approval by Landlord as provided in Exhibit C. Landlord shall respond to Tenant’s Plans (either by approval, request for additional information, request for revision or communication of a reason for failure to approve) within five (5) Business Days (as defined in the Lease Rules and Regulations) after the date of Landlord’s receipt of Tenant’s Plans or any resubmission, plus such additional period of time, not to exceed an additional five (5) Business Days, as may be necessary for review of Tenant’s Plans by a third-party architect, engineer or other consultant if Landlord determines that any aspect of Tenant’s Plans requires such third-party review. Until Landlord shall have unconditionally approved all of Tenant’s Plans, Tenant, shall deliver to Landlord such additional information, documentation and/or revisions to Tenant’s Plans as are necessary to obtain Landlord’s approval of Tenant’s Plans and this Work Letterprocess shall continue until Tenant’s Plans are approved by Landlord. Notwithstanding the foregoing, failure by Landlord to respond to Tenant’s Plans (either by disapproval, request for additional information, request for revision or communication of a reason for failure to approve) within five (5) Business Days after the date of Landlord’s receipt of Tenant’s Plans (or any resubmission) shall constitute approval thereof, provided, however that no such automatic approval shall occur unless Tenant’s submission contains the following notice, printed in a prominent place on the outside thereof in not less fourteen (14) point bold-faced type: “LANDLORD REVIEW REQUIRED; FAILURE TO RESPOND TO THIS SUBMISSION WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN AUTOMATIC APPROVAL PURSUANT TO LEASE SECTION 3.2.”
(b) Upon approval of Tenant’s Plans by Landlord (and provided Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ have delivered the Premises to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans"Tenant).
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing its contractor(s) (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the selected by Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be but subject to approval by Landlord's prior written approval, which approval shall not be unreasonably withheld withheld, conditioned or delayed) to perform the work and improvements described on Tenant’s Plans (collectively, within seven (7“Tenant’s Work” ) days diligently and continuously until Tenant’s Work is completed. Tenant’s Work shall be performed in accordance with Tenant’s Plans, using materials and/or installations meeting or exceeding Landlord’s minimum standards for the Building and in accordance with the requirements of receipt by Landlord Exhibit C and all applicable provisions of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approvalArticle 6. Tenant shall cause the Architect agrees (i) to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. cease promptly upon notice from Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when any activity or work which has not been approved by Landlord are referred (where such approval is required) or is not in compliance with the provisions of this Lease, and (ii) to herein as the "Preliminary Architectural Plans"comply and cause its contractors to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time.
(ec) Tenant agrees to cause the Architect Tenant’s Work shall be considered substantially complete and the Engineer “Substantial Completion Date” shall occur on the first day as of which all of the following requirements have been met: (i) all work shown and described in Tenant’s Plans has been completed, with only punchlist items (i.e., minor and insubstantial details of decoration or mechanical adjustment) excepted; (ii) Tenant’s architect has issued a certificate of substantial completion on the standard AIA form or a reasonable equivalent, and a copy thereof together with record “as built” drawings in paper and electronic (CAD) format showing all alterations as actually constructed have been delivered to prepare Landlord; (iii) all electrical, mechanical, plumbing and electrical drawings HVAC facilities installed by Tenant are functioning properly and if the alterations include any HVAC work, Tenant has provided to Landlord a copy of an air balancing report signed by a professional engineer showing that the HVAC system is properly balanced for the Demised season; (iv) the Premises are reasonably free of debris and deliver said drawings construction materials, (v) all required governmental inspections have been successfully completed and a final certificate of occupancy has been issued and a copy thereof delivered Landlord; (vi) Tenant shall have certified to Landlord the names of all contractors, subcontractors and suppliers which were engaged in Tenant’s Work and delivered to Landlord final lien waivers from all such parties; and (vii) Tenant shall have provided to Landlord copies of all warranties and guarantees received from the contractors, subcontractors and suppliers or manufacturers and copies of all maintenance manuals, instructions and similar information pertaining to the operation and maintenance of equipment and fixtures installed in the Premises as part of Tenant’s Work.
(d) Provided this Lease is then in full force and effect, Landlord shall make an improvement allowance (“Landlord’s Contribution “) available to Tenant in accordance with this Section 3.2 in an amount equal to the lesser of (i) $381,900.00, or (ii) the actual amount of the third- party cost of Tenant’s Work. For purposes of this Section 3.2(d), the “cost” of Tenant’s Work shall mean the actual third-party costs incurred by Tenant in connection with performing Tenant’s Work including, without limitation, all architectural and engineering fees and expenses; third-party management fees; all contractor charges for the cost of labor and materials, profit, general conditions and overhead and supervision; all filing fees and other permitting costs and fees paid to independent construction managers, if any, plus a supervisory and review fee, to be retained by Landlord (i.e., to be subtracted from Landlord’s Contribution), equal to one percent (1%) of the actual cost of Tenant’s Work. Tenant may requisition Landlord for payment of Landlord’s Contribution monthly (hereinafter “Progress Payments”) provided that Landlord may, unless each of Tenant’s requisitions already reflects a ten percent (10%) retainage, withhold ten percent (10%) of the amount due on each requisition paid prior to the substantial completion of Tenant’s Work until the Final Payment (as hereinafter defined). Each requisition for a Progress Payment shall include (i) a detailed breakdown of the costs of Tenant’s Work included in the requisition, (ii) copies of invoices from Tenant’s contractors, suppliers and others, as applicable, substantiating such costs, and (iii) executed waivers of mechanic’s or material supplier’s liens (in such form as Landlord shall reasonably require) on account of any labor and/or materials furnished by such party through the date of the requisition (provided that any such waiver may be conditioned upon receipt of the amount requested for such party in the requisition). Landlord shall make each Progress Payment (in an amount not to exceed the lesser of (x) the costs of Tenant’s Work, as evidenced by the documentation submitted with the applicable requisition, or (y) the balance of Landlord’s Contribution then remaining, less amounts retained by Landlord as hereinabove provided) to Tenant or, at Tenant’s election, to Tenant’s general contractor within thirty (30) days after Landlord’s receipt of a Progress Payment requisition with all required supporting documentation. After the Substantial Completion Date shall have occurred, Tenant may request in writing that Landlord approves make payment of the Preliminary Architectural Plansbalance of Landlord’s Contribution and all retained amounts other than Landlord’s supervisory and review fee (the “Final Payment” ). Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings Tenant’s requisition for the Building Final Payment shall include (i) a final, detailed breakdown of all of the costs of Tenant’s Work, (ii) final mechanic’s and deliver said drawings material supplier’s lien waivers therefor (provided that any such waiver may be conditioned upon receipt of the amount requested for such party in the requisition) and (iii) all other documentation required for the Progress Payment pursuant to the preceding paragraph as to the portion of Tenant’s Work covered by the Final Payment. Landlord shall make payment of the Final Payment in an amount equal to the lesser of (x) the unreimbursed cost of Tenant’s Work, as evidenced by the documentation submitted with the requisition for the Final Payment or (y) the balance of Landlord’s Contribution then remaining, if any (including any retained amounts other than Landlord’s supervisory and review fee), to Tenant (or at Tenant’s request, to its general contractor) within thirty (30) days after Landlord’s receipt of a requisition for the Final Payment with all required supporting documentation. If the cost of Tenant’s Work shall total less than $381,900.00, then the lesser of (x) the difference between the cost of Landlord’s Work and $381,900.00, or (y) $50,920.00 (such lesser amount being the “Balance”) may be used by Tenant as reimbursement for (i) the purchase of furniture, trade fixtures and equipment for the Premises and (ii) the purchase and installation of cabling for the Premises. Landlord approves shall reimburse Tenant for such costs (in an amount equal to the Preliminary Architecturallesser of the invoices submitted by Tenant or the Balance) within thirty (30) days after Tenant submits to Landlord invoices for such costs. Notwithstanding the foregoing, Landlord shall not be required to make payment of Landlord’s Contribution (a) if (or to the extent) Tenant shall not have submitted paid invoices for Tenant’s Work together with all required supporting documentation by July 31, 2019, time being of the essence (the “Submission Deadline”), or (b) at a time when there exists any Default of Tenant and/or (c) if this Lease shall have terminated. Any balance of Landlord’s Contribution which Landlord is not required to reimburse to Tenant pursuant to this Section 3.2 shall be the property of Landlord. Notwithstanding the foregoing, the Submission Deadline shall be extended for up to twenty-four (24) months if Tenant notifies Landlord, prior to the expiration of the Submission Deadline, that Tenant has, in good faith, disputed the amounts due to its general contractor and that Tenant is actively working to resolve such dispute.
Appears in 1 contract
Sources: Lease Agreement (Cerecor Inc.)
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware ) and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as (collectively, the "Tenant's Work"). Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to shall proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect its architect or interior space planner (the "Interior Space Planner") to deliver to Landlord on or before ______________ November 23, 1999 plans for the Demised Premises ("Preliminary Space Plans").
(dc) On or before _________________November 30, 1999, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing drawings (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (xviii) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering engineer (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven five (75) business days of receipt by Landlord of a complete set of such architectural construction drawing drawings and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally with reasonable specificity of the changes required in such architectural construction drawings and specifications so that they will meet the with Landlord's approval. Landlord's specifications shall be reasonable and within industry standards for Tenant's Work. Tenant shall cause the Architect Interior Space Planner to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven five (75) business days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord's approval shall not be unreasonably withheld. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised and Tenant shall continue to revise said architectural construction drawings and specifications within five (5) business days of receipt of comments from Landlord until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans". Landlord and Landlord's architect shall work in a good faith and in a reasonable manner in reviewing and revising the Preliminary Architectural Plans.
(ed) Tenant agrees to cause the Architect Interior Space Planner and the Engineer to prepare mechanical, plumbing mechanical and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty ten (3010) business days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all informationinformation necessary for the timely completion of the mechanical and electrical drawings and approval thereof by Landlord. Landlord agrees to either approve or disapprove said mechanical and electrical drawings in writing within five (5) business days of receipt thereof by Landlord. Approval shall not be unreasonably withheld. If Landlord disapproves of said drawings, Landlord agrees to advise Tenant in writing with reasonable specificity of the required changes. Landlord's specifications shall be reasonable and within industry standards for Tenant's Work. Tenant shall deliver to Landlord mechanical and electrical drawings revised pursuant to Landlord's comments within five (5) business days of receipt of Landlord's comments. This procedure shall be repeated until Landlord approves the mechanical and electrical drawings for the Premises. The mechanical and electrical drawings for the Premises which are approved by Landlord shall be referred to herein as the "Mechanical/Electrical Drawings". Landlord and Landlord's architect shall work in a good faith and in a reasonable manner in reviewing and revising the Mechanical/Electrical Drawings.
(e) Landlord and Tenant acknowledge that Tenant has made application for a building permit for the Tenant's Work. Notwithstanding Tenant's application for, and eventual receipt of, a building permit, Landlord shall have the right to approve or disapprove said revised Preliminary Architectural Plans by written notice to Tenant within five (5) business days of receipt by Landlord of such revised plans. If Landlord does not approve the same, Landlord shall advise Tenant in writing with reasonable specificity of the changes required in such plans so that they meet with Landlord's approval. Landlord's approval shall not be unreasonably withheld. Landlord's specifications shall be reasonable and within industry standards for Tenant's Work. Tenant shall cause such plans to be revised until they meet with Landlord's approval. Further, if Landlord determines that as a result of such revisions, the Mechanical/Electrical Drawings should be revised, then Landlord shall inform Tenant of such changes with reasonable specificity in writing and Tenant shall cause the Mechanical/Electrical Drawings to be revised to Landlord's reasonable satisfaction within five (5) business days of receipt of Landlord's comments. The revised Preliminary Architectural Plans when approved by Landlord are referred to herein as the "Architectural Plans". The "Preliminary Architectural Plans", the "Preliminary Space Plans", the "Mechanical/Electrical Drawings" and the "Architectural Plans" are herein collectively referred to as the "Plans". Tenant must submit to Landlord a copy of the building permit before the start of the Tenant Work. The Architectural Plans and the Mechanical/Electrical Drawings shall be produced on CAD.
(f) Notwithstanding anything contained herein to the contrary, Tenant agrees to and shall engage, or cause its general contractor to engage, V.
A. ▇▇▇▇▇ & Company, as the subcontractor to perform the Tenant's Work pertaining to the heating, ventilating and air conditioning system in the Premises; provided that V.A. ▇▇▇▇▇ & Company agrees to perform such work for a competitive price which is equal in all material respects to (or less than) the lowest of other competitive, bona-fide arms-length bids received by Tenant for the same work. Otherwise, Tenant shall be free to hire the (or one of the) lower competitive bidders to perform such work.
(g) Tenant represents to Landlord that Tenant has reviewed its needs and the above-specified delivery dates with the Interior Space Planner and that Tenant has assured itself that, with Landlord's cooperation, the Plans can be delivered as herein above required. Tenant agrees to cooperate with the Interior Space Planner as promptly as possible and in any event in sufficient time to cause the Architect Plans to be prepared and timely delivered as herein above required.
(h) Neither review nor approval by Landlord of any of the Structural Engineer Plans shall constitute a representation or warranty by Landlord that such Plans 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 prepare structural drawings Tenant or to any other person or entity for such completeness, suitability or compliance, except as provided in the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary ArchitecturalLease.
Appears in 1 contract
Tenant’s Work. The actual cost (A) Subject to the terms and conditions of all this Lease, Tenant shall accept each portion of the following 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 expense, shall perform all work necessary to prepare the Premises for Tenant'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 paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements subject to the Demised reasonable approval of the Landlord. Landlord hereby approves the conceptual lay-out of the Premises described as identified in Exhibit B-3 attached hereto (the Plans (as that term is hereinafter described"Fit Plan"). The material, hardware and equipment as incorporated into Tenant shall submit to Landlord a detailed floor plan layout together with working drawings (the Demised "Tenant's Submission") for work to be performed by Tenant to prepare the Premises pursuant to the Plans are herein collectively referred to as the for Tenant's occupancy ("Tenant's Work"). Subject Such floor plan layout and working drawings (the "Plans") shall contain at least the information required by, and shall conform to the provisions requirements of, Exhibit B-2 and be consistent with the Fit Plan. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-2 and is consistent with the Fit Plan, Landlord's approval of this Work Letterthe 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 plainly visible outside the Premises shall be in Landlord's sole discretion. If Landlord disapproves of any Plans, any such disapproval will set forth in reasonable detail the bases therefor, Tenant shall promptly have the Plans revised by its 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 agreed to proceed diligently to cause been approved by the Landlord without objection or condition .
(B) Once the Plans have been approved by Landlord, Tenant, at its sole cost and expense, shall promptly, and with all due diligence, perform Tenant's Work approved by Landlord to 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 of Tenant's Work shall be completed performed strictly in accordance with the terms Plans and conditions 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, reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as required by Section 8.14 of the Lease. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of Tenant's Work and any other work which the Tenant may perform under the Lease and this Work Letter.
Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. It shall be Tenant's obligation to obtain a certificate of occupancy or other like governmental approval (bwhich may be temporary if a final certificate is not available on account of matters that are not the responsibility of Tenant) Landlord for the use and occupancy of the Premises to the extent required by law, and Tenant shall submit instructions not occupy the Premises for the conduct of business until and Building plans unless it has obtained such approval and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver has submitted to Landlord on or before ______________ plans a copy of the same together with waivers of lien from all of Tenant's contractors and subcontractors in form adequate for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, recording purposes. Tenant shall cause the Architect to deliver also prepare and submit to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the promptly after Tenant's Work to be is substantially complete a set of as-bu ilt plans in both print and electronic forms showing the work performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for by Tenant to cause the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's mechanical/plumbing contractor for Tenant's computer, telephone and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined)other commu nication systems. Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval Tenant shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings responsible to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalany review or oversight fees or charges in connection with Tenant's Work.
Appears in 1 contract
Sources: Lease Agreement (Care.com Inc)
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to shall proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Letter. Notwithstanding anything contained herein to the contrary, Tenant's Work in all events shall include the material, hardware and equipment described on, and Tenant shall otherwise comply with, the Landlord's Construction Guidelines, Rules and Regulations.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ Tenant agrees to Chapo & Hall Architects cause its interior space planner (the "ArchitectInterior Space Planner") sufficient to allow deliver to Landlord preliminary space plans for the Architect Premises, which preliminary space plans shall include the following information: (1) partition layout; (2) door layout; (3) identification of ceiling types; (4) identification of flooring types; (5) identification of proposed room types and uses; (6) identification of all special floor loading areas and above standard furniture and equipment (files, safes, etc.), along with applicable structural loading information to complete a determine if any structural reinforcing is required; and (7) general information in the form of outline specifications for all proposed millwork, electrical, mechanical, fire protection, communication technology systems and plumbing requirements. Such preliminary space plans are herein referred to as the "Preliminary Space PlanPlans". The Preliminary Space Plans are subject to Landlord's review and approval. Upon receipt of a complete set of the Preliminary Space Plans Landlord will review the same and shall submit written comments to Tenant within ten (10) business days. Tenant shall cause the Preliminary Space Plans to be revised to incorporate Landlord's comments.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing design development plans and specifications (which the "Architectural Design Plans") and mechanical/ electrical/ fire protection/ plumbing and communications technology design plans and specifications (herein referred to as the "MEP/CT Engineering Plans") for the Work to be performed in the Premises. Such plans and specifications shall include the following: (i1) furniture plans showing details all of space occupancyLandlord's comments to the Preliminary Space Plans; (ii2) sprinkler locationsdemolition plans; (iii3) partition plans; (4) reflected ceiling plans; (iv5) partition and door location flooring plans; (v6) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing outlet plans; (viii7) structural furniture plans; (ix8) floor loading plans indicating any special floor loading areas, specific weights for concentrated loads in sufficient detail to allow for structural engineering; (9) detail computer equipment and support area plans; (10) special area plans (i.e., kitchens, A/V, washrooms, etc.); (11) door, frame and hardware schedules; (12) wall finish plans; (13) elevations, details and sections as required; and (x14) finish plans specific critical information required to sufficiently engineer the aforesaid Premises. The Architectural Design Plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanicalMEP/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications CT Engineering Plans shall be subject to Landlord's prior written approval, which approval . Landlord shall not be unreasonably withheld either approve or delayed, disapprove the Architectural Design Plans and MEP/CT Engineering Plans in writing within seven ten (710) business days of receipt by Landlord of a complete set of such architectural construction drawing and specificationsthereof. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings Architectural Design Plans and specifications MEP/CT Engineering Plans so that they will meet the with Landlord's approval. Tenant shall cause the Architect Interior Space Planner to revise such architectural construction drawings the Architectural Design Plans and specifications MEP/CT Engineering Plans pursuant to Landlord's comments and to deliver to Landlord, within seven ten (710) days after receipt by Tenant of such comments, revised architectural construction drawings Architectural Design Plans and specifications MEP/CT Engineering Plans noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings Architectural Design Plans and specifications MEP/CT Engineering Plans and Tenant shall continue to revise said Architectural Design Plans and MEP/CT Engineering Plans within seven ten (710) days of receipt of such revised architectural construction drawings and specifications comments from Landlord until such architectural construction drawings Architectural Design Plans and specifications MEP/CT Engineering Plans are approved by Landlord. Such architectural construction Notwithstanding anything herein to the contrary, if Tenant elects to use the services of an architect other than Fujikawa ▇▇▇▇▇▇▇, or structural engineer other than ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or a mechanical/electrical engineer other than ▇▇▇▇▇▇▇▇▇ Associates, Landlord requires that Tenant submit drawings to Landlord for review and specifications when approved approval by such architects/engineers. The cost of such review, along with the cost of updating Landlord's infrastructure documents, shall be borne by Tenant.
(d) Tenant agrees to cause to be delivered to Landlord fully completed and coordinated Architectural Design Plans and MEP/CT Engineering Plans (the "Construction Documents") sufficient in detail so that Tenant can use such revised plans to obtain a building permit and contractors' bids for the Work. The Construction Documents must be in a final and complete form with all necessary design elements identified and specified to fully bid and construct the Work. The Construction Documents are subject to Landlord's review and approval. Landlord shall review the Construction Documents and submit written comments to Tenant within ten (10) business days of receipt by Landlord of a complete set thereof. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in the Construction Documents so that they meet with Landlord's approval. Tenant shall cause the Construction Documents to be revised until they will meet with Landlord's approval. The Architectural Design Plans, the MEP/CT Engineering Plans and the Construction Documents are herein collectively referred to herein as the "Preliminary Architectural Plans".
(e) Tenant represents to Landlord that Tenant has reviewed its needs and the above specified delivery dates with the Interior Space Planner and that Tenant has assured itself that the Plans can be delivered as hereinabove required. Tenant agrees to cooperate with the Interior Space Planner as promptly as possible and in any event in sufficient time to cause the Architect Plans to be prepared and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all informationtimely delivered as hereinabove required.
(f) Neither review nor approval by Landlord of any of the Plans shall constitute a representation or warranty by Landlord that such Plans 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 agrees that Landlord assumes no responsibility or liability whatsoever to cause the Architect and the Structural Engineer Tenant or to prepare structural drawings any other person or entity for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalsuch completeness, suitability or compliance.
Appears in 1 contract
Tenant’s Work. The actual cost Tenant shall enter into the Leased Premises for purposes of all commencing Tenant's Work when Tenant has received a notice from Landlord that the respective floor of the following Leased Premises is Tenant Ready and, thereafter, Tenant shall pursue such work diligently, continuously and in good faith to completion. Tenant shall have the right to commence work on portions of the Leased Premises in advance of the date that a respective portion is Tenant Ready, provided that such work does not interfere with or delay Landlord's Work. Tenant shall, in a good and workerlike manner, cause the Leased Premises to be paid through improved and completed at Tenant's expense (but with the construction escrow described hereinafter from benefit of Landlord's contribution as provided below) and in accordance with Tenant's Plans and Specifications, which work shall include all permanent improvements necessary (beyond Landlord's Work) for Tenant's use and operation within the Tenant Improvement Allowance Leased Premises (including materials, supplies, components, labor and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
services therefor) (a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "Tenant's Work"). Subject to the provisions Tenant shall contract for completion of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord under contracts providing customary retainages to be completed in accordance with the terms and conditions of the Lease and this Work Letter.
(b) Landlord paid following completion. "Tenant's Improvements" shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the mean Tenant's Work to be performed in exclusive of the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause items described on EXHIBIT "F". Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications Improvements shall be subject to deemed the property of Tenant; Landlord's prior written approvalImprovements shall be deemed the property of Landlord. During the course of construction of Tenant's Work, which approval Tenant may make such changes to Tenant's Plans and Specifications as are ordinary and necessary or advisable in order to suit the Leased Premises for its intended operation as Tenant's offices, provided that copies of any changes shall not be unreasonably withheld or delayed, within seven (7) days of receipt by delivered to Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings information and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalsuch
Appears in 1 contract
Sources: Lease Agreement (Advanta Corp)
Tenant’s Work. The actual (a) Tenant is currently preparing, at its sole cost and expense, plans and specifications for the improvements Tenant desires to make in connection with Tenant’s occupancy of the Premises (the “Tenant’s Plans”). Landlord shall approve or disapprove of Tenant’s Plans within ten (10) Business Days after receiving them. Any disapproval by Landlord of Tenant’s Plans shall be accompanied by a reasonably specific statement of reasons therefor. At Tenant’s sole cost and expense, Tenant shall cause Tenant’s Plans to be revised in a manner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and shall resubmit the revised Tenant’s Plans to Landlord, and Landlord shall either approve or disapprove of the revised Tenant’s Plans within five (5) Business Days following the date of resubmission. If Landlord shall again disapprove of Tenant’s Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the foregoing procedures until Tenant’s Plans have been approved by Landlord. Tenant’s Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to Landlord’s approval in Landlord’s reasonable discretion, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not approve any alterations or additions that require unusual expense to readapt the Premises to normal office use on expiration or termination of this Lease or increase the cost of all insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such readaptation will be made prior to such expiration or termination without expense to Landlord and for payment of the following any such increased cost. Landlord’s approval of any Tenant’s Plans shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined]not impose upon Landlord any responsibility or liability whatsoever to Tenant.
(ab) Landlord Promptly after the Commencement Date and after the approval of Tenant’s Plans, Tenant have agreed that Landlord shall provide commence and exercise all reasonable efforts to complete the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described in the Plans work specified therein (as that term is hereinafter described“Tenant’s Work”). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "All of Tenant's Work". Subject to the provisions of this ’s Work Letter, Landlord and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to shall be completed in accordance with the terms approved Tenant’s Plans and conditions the requirements for alterations and improvements made by or on behalf of the Tenant set forth in this Lease and this in the Rules and Regulations. Copies of all permits and approvals required for Tenant’s Work Letter.
(b) Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ to Chapo & Hall Architects (the "Architect") sufficient to allow the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver be furnished to Landlord on or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, Tenant promptly upon receipt thereof. Tenant’s Work shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to by a general contractor approved by Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt under a written construction contract. The approval by Landlord of Tenant’s general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a complete set result of, or arising out of, the defaults or other acts or omissions of such architectural the general contractor. A copy of all required bonds and certificates of insurance required by this Lease shall be furnished to Landlord prior to commencement of construction drawing and specificationsinstallation of Tenant’s Work. If Landlord does not approve the sameIn addition, Landlord may monitor the progress of Tenant’s Work, including, without limitation, attend any weekly or other periodic job meetings. Landlord shall advise provide Tenant with reasonable prior notice before it enters the Premises to review Tenant’s Work, except in writing generally the event of the changes required in an emergency, when no such architectural construction drawings and specifications so that they will meet the Landlord's approvalnotice shall be required. Tenant shall cause pay to Landlord a construction review fee in the Architect to revise such architectural construction drawings amount of two percent (2%) of the total cost and specifications pursuant to Landlord's comments expenses associated with Tenant’s Work, one-half payable (based on the estimated costs and to deliver to Landlord, within seven (7expenses) days after receipt by Tenant upon commencement of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect Tenant’s Work and the Engineer to prepare mechanical, plumbing balance (based on the actual cost and electrical drawings for the Demised Premises and deliver said drawings to Landlord expenses of Tenant’s Work) within thirty (30) days after substantial completion of Tenant’s Work. Any review and monitoring of Tenant’s Work by Landlord approves shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, Tenant’s Work. Within forty-five (45) days after completion of any Tenant’s Work, Tenant shall provide to Landlord “as-built” plans of the Preliminary Architectural PlansTenant’s Work along with final lien waivers from Tenant’s contractors. Tenant and shall provide Landlord with copies of the Engineer certificate of occupancy for any Tenant’s Work that requires a certificate of occupancy reasonably promptly after completion of such Tenant’s Work. Nothing herein shall cooperate fully be construed as permitting Tenant to provide occupy all informationor any portion of the Premises for which Tenant has not obtained a certificate of occupancy or otherwise failed to comply with applicable legal requirements.
(fc) Provided that Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings substantially completes Tenant’s Work on or before July 1, 2001, Landlord shall reimburse Tenant from Landlord’s Contribution for the Building and deliver said drawings costs incurred by Tenant with respect to the performance of Tenant’s Work (the “Costs of Tenant’s Work”) up to $50,000.00. To the extent that the Cost of Tenant’s Work exceeds $50,000.00, Tenant shall be entirely responsible for such excess. Such portion of Landlord’s Contribution shall be payable by Landlord to Tenant within thirty (30) days after written request from Tenant, which shall be accompanied by (i) invoices paid by Tenant, (ii) final lien waivers and (iii) a certificate signed by Tenant’s architect or engineer and an officer of Tenant certifying that Tenant’s Work has been completed substantially in accordance with Tenant’s Plans. During the period commencing on January 1, 2003 and ending on July 1, 2003, the remaining portion of Landlord’s Contribution shall be made available by Landlord approves as reimbursement for any Alterations (as defined in Section 5.2) performed by Tenant or to be performed by Tenant in the Preliminary ArchitecturalPremises prior to July 1, 2003 (other than Tenant’s Work and/or the Expansion Premises Work), provided that no Default of Tenant then exists and Tenant has complied with the requirements of this Article 4 and the other terms and conditions of this Lease with respect to such Alterations.
Appears in 1 contract
Sources: Lease Agreement (Ameresco, Inc.)
Tenant’s Work. The actual 1. Tenant may contract with any architect/designer of its choice. Services requested by Tenant in connection with design and drawing preparation shall be at Tenant's sole cost and expense. Landlord makes no representation or guarantee with respect to fees, services, schedules or other items to be provided by the architect/designer and shall in no way be responsible for such architect/designer's work product. Tenant's architect/designer shall prepare plans and specifications for Tenant's Work to be completed in the Premises (the "Plans and Specifications"). All Plans and Specifications shall be subject to review and approval by Landlord, Landlord's architect and Landlord's engineer prior to commencement of all Tenant's Work. All costs of preparation, review and approval, including review and approval by Landlord, Landlord's architect, and/or Landlord's engineer, shall be borne by Landlord. Landlord shall, within * Business Days after receipt of the following shall Plans and Specifications by Landlord for its review and approval, submit to Tenant the Plans and Specifications with the required approvals noted thereon, or submit comments to Tenant setting forth changes to be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction material, hardware and equipment and the labor to construct and install the improvements to the Demised Premises described made in the Plans (as that term is hereinafter described)and Specifications. The materialIf changes are required by Landlord, hardware and equipment as incorporated into the Demised Premises pursuant to Tenant shall have the Plans are herein collectively and Specifications modified and resubmitted to Landlord for approval and such process shall be repeated until Landlord, Landlord's architect, and/or Landlord's engineer have approved the Plans and Specifications for the Premises (hereinafter referred to as "Approved Plans and Specifications"). Changes to the "Approved Plans and Specifications shall be made only upon prior written approval of Landlord and shall be at Tenant's Work"sole cost and expense.
2. Subject to the provisions of this Work Letter, Landlord and Tenant have agreed to proceed diligently to cause shall contract directly for the Tenant's Work approved by Landlord to be completed in accordance with the Approved Plans and Specifications. Tenant's contractor shall ▇▇▇▇ Tenant and Tenant shall be solely responsible for paying all costs for Tenant's Work as set forth on the Approved Plans and Specifications. Tenant and Tenant's contractor will be required to adhere to the requirements set forth in Schedule 2 attached hereto in connection with performance of Tenant's Work and the contract between Tenant and Tenant's contractor shall incorporate all of the provisions of Schedule 2. All Tenant's Work shall (i) be performed pursuant to written contracts with workmen and mechanics, which shall be acceptable to Landlord; (ii) comply with all reasonable restrictions and requirements as Landlord may impose with respect to Tenant's Work; (iii) conform to the standards of the Building Complex; (iv) be done in a safe and lawful manner in compliance with applicable laws, governmental regulations, and requirements; and (v) be done so as not to interfere with Landlord's completion of Landlord's Work in the Building Complex and the Premises. Tenant shall cause such contractor to take all steps necessary to cooperate in the coordination of the performance of Tenant's Work with the work of Landlord or Landlord's contractors in the Premises or in the Building Complex, including, without limitation, exchanging information about and coordinating their respective schedules, attending coordination meetings, and cooperating in allowing and obtaining access to and availability of portions of the site for performance of Tenant's Work and the work of such other contractors. Tenant may contract with Landlord's contractor to perform Tenant's Work which contract must also meet the terms and conditions of this paragraph. Notwithstanding the Lease foregoing, Landlord's contractor will be required to cooperate and this Work Lettercoordinate to the extent possible with Tenant's contractor, so as not to cause any unreasonable delays in Tenant's Work, provided, however, the parties agree that because of the penalties to Landlord set forth in Section 3.2 of the Lease, if a conflict arises, Landlord's contractor's schedule shall have priority.
(b) 3. Landlord shall submit instructions and Building plans and Specifications described as ______________ and dated _____________ has agreed to Chapo & Hall Architects pay that portion of the costs of Tenant's Work up to a maximum of $* per rentable square foot of the Premises (the "ArchitectTenant Work Allowance"). The cost of Tenant's Work payable from the Tenant Work Allowance shall include all costs attributable to design and construction of the Tenant's Work including but not limited to, services, fees and expenses of the Tenant's architect and Tenant's engineers; costs of permits and licenses required for completion of the Tenant's Work; labor, materials, fees and expenses of Tenant's contractor in completing the Tenant's Work. Landlord agrees to provide up to an additional $* per rentable square foot of the Premises, in addition to the Tenant Work Allowance, such amount to be applied toward costs of Tenant's Work (the "Additional Allowance"). Such Additional Allowance shall be payable to Landlord by Tenant as Additional Rent in addition to the Base Rent in an amount calculated by amortizing the Additional Allowance over the Primary Lease Term at * per annum. If for any reason at any time during the Lease Term, Tenant is in default, which default is not cured with an applicable cure period, or in the event the Lease Term is terminated for any reason prior to the expiration of the Lease Term, the Additional Allowance shall be immediately due and payable upon the occurrence of such default. Tenant's obligation to repay Landlord the Additional Allowance shall survive the expiration or termination of the Lease. All costs incurred in the completion of Tenant's Work in excess of the Tenant Work Allowance and the Additional Allowance shall be at Tenant's sole cost and expense and shall be promptly paid in full by Tenant to Landlord upon receipt of billing therefor. Any amount of the Tenant Work Allowance (but not Additional Allowance) sufficient not utilized for Tenant's Work may be applied to allow next due Base Rent under the Architect to complete a Preliminary Space PlanLease.
4. Tenant's Work Allowance (cand after it has been depleted, the Additional Allowance if Tenant provides Landlord written notice that Tenant elects to use the Additional Allowance and wishes Landlord to disburse it for payments hereunder and Landlord and Tenant have executed an amendment to this Lease restating the Base Rent to include the Additional Allowance) shall be paid to Tenant agrees to cause Architect to deliver periodically as portions of Tenant's Work have been completed in accordance with the Approved Plans and Specifications and the provisions hereof:
a. Before the first application of payment, Tenant shall submit a schedule of values to Landlord on or before ______________ plans for allocating the Demised Premises ("Preliminary Space Plans")Tenant's Work Allowance to various portions of Tenant's Work.
(d) b. On or before _________________the 5th day of each month following the commencement of the work, Tenant shall cause submit to the Architect Landlord an application for payment on account of Tenant's Work performed during the payment period covered by the application for payment. For purposes of this Lease, the payment period shall be the first day of each month and run through the last day of each month. On the last day of each payment period, Tenant shall determine as of the date the percentage of completion of the work covered by each line item of the approved schedule of values. Each monthly application for payment shall be based upon the percentage of completion of each such line item of Tenant's Work and shall be in the sum of the amounts determined by multiplying the value of Tenant's Work of each line item as set forth in the approved schedule of values by the percentage of completion determined as to deliver each line item on the last day of each payment period less the amounts previously paid with respect to such line items.
c. Each application for payment shall be accompanied by lien waivers and affidavits from Tenant's contractor and its subcontractors in a form reasonably satisfactory to Landlord architectural construction drawing attributable to the immediately preceding month's application for payment. Additionally, Tenant's contractor shall deliver an affidavit to accompany each application for payment setting forth the names and addresses of the subcontractors' materialmen and suppliers and the dollar amount of liability which has been contracted for with each such subcontractor materialman or supplier and the amounts requested by each in that month's application for payment.
d. The Landlord will review Tenant's application for payment within * Business Days after receipt and will pay Tenant approved amounts within * days after submittal of a complete application. Notwithstanding anything contained in this Lease to the contrary, Landlord may decline to make a payment to Tenant of all or a portion of any application for payment to the extent as may be necessary to protect Landlord from loss because of defective work; third party claims filed or reasonable evidence indicating probable filing of such claims; failure of the Tenant to make payment to contractors or subcontractors or for labor, materials or equipment; reasonable evidence that the Tenant's Work cannot be completed for the unpaid balance of the Tenant Work Allowance. In the event Landlord withholds payment on account of any of the foregoing reasons, Landlord shall provide written notice of such reasons to Tenant. When the grounds for withholding of payment are removed, payment shall be made promptly for amounts withheld because of such grounds. The application for payment shall reflect retainage of * which Landlord shall hold until Landlord's final payment, described in subparagraph e below. Landlord in its reasonable discretion may agree to not withhold any further retainage when Tenant's Work is * complete provided that Landlord is satisfied with the progress and quality of the Tenant's Work.
e. Landlord's final payment to Tenant of the Tenant's Work Allowance (which and Additional Allowance, if applicable) and the retainage shall include not become due until Tenant submits to Landlord (i) furniture plans showing details an affidavit signed by Tenant that upon payment of space occupancythe remaining portion of the Tenant's Work Allowance, all payrolls, bills for materials and any equipment and other indebtedness connected with the subject portion of Tenant's Work for which Landlord or its property might in any way be responsible, have been paid or otherwise satisfied; (ii) sprinkler locationsthe certificate by Tenant's architect that the subject portion of Tenant's Work is complete in accordance with the Approved Plans and Specification; (iii) reflected ceiling plansa Certificate of Occupancy (temporary or final) or equivalent sign off has been issued by the appropriate governmental authority permitting use of the Premises for the Permitted Use under the Lease and a copy of such certificate of occupancy has been delivered to Landlord; (iv) partition other data establishing the final cost of Tenant's Work, reasonable evidence that Tenant has satisfied all of its construction obligations such as receipts, releases and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the waivers of liens arising out of Tenant's Work to be performed in the Demised Premises which architectural construction drawings extent and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved form as may be reasonably designated by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural Plans. Tenant and the Engineer shall cooperate fully to provide all information
(f) Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architectural
Appears in 1 contract
Sources: Lease (Frontier Airlines Inc /Co/)
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord Tenant hereby covenants and agrees that Tenant have agreed that Landlord shall provide will, at Tenant's own cost and expense, and in a good and workmanlike manner, make and complete the construction material, hardware work and equipment installations in and the labor to construct and install the improvements to the Demised Premises described set forth below in the Plans (as such manner so that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to will be a first-class store for the Plans are herein collectively referred to as purposes contemplated by Article 4 hereof, and in any event in a manner befitting the "Tenant's Work". Subject to the provisions of this Work Letter, Landlord quality and Tenant have agreed to proceed diligently to cause the Tenant's Work approved by Landlord to be completed in accordance with the terms and conditions character of the Lease and this Work LetterBuilding.
(b) Landlord Tenant, at Tenant's expense, shall submit instructions and Building prepare a final plan or final set of plans and Specifications described specifications (which said final plan or final set of plans, as ______________ the case may be, and dated _____________ to Chapo & Hall Architects (specifications are hereinafter called the "Architectfinal plan") sufficient to allow which shall contain complete information and dimensions necessary for the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on or before ______________ plans for construction and finishing of the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________, and for the engineering in connection therewith. The final plan shall be submitted by Tenant shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work to be performed in the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approvalapproval by no later than October 1, 2004, which approval shall not be unreasonably withheld or delayed, within seven (7) days of receipt . Tenant shall promptly reimburse Landlord upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of a complete set of such architectural construction drawing and specificationsTenant's final plan. If Landlord does not approve shall disapprove the samefinal plan, Landlord shall advise Tenant in writing generally set forth its reasons for such disapproval and itemize those portions of the changes required final plan so disapproved. Landlord shall not be deemed unreasonable in such architectural construction drawings withholding its consent to the extent that the final plan prepared by Tenant pursuant hereto involves the performance of work or the installation in the Demised Premises of materials or equipment which do not equal or exceed the standard of quality suitable for and specifications so generally applicable to a first-class office building in Midtown Manhattan.
(c) In accordance with the final plan, Tenant, at Tenant's expense; will make and complete in and to the Demised Premises (hereinafter sometimes called the "Work Area") the work and installations (hereinafter called Tenant's Work) specified in the final plan. Tenant agrees that they Tenant's Work will meet be performed with the Landlordleast possible disturbance to the occupants of other parts of the Building and to the structural and mechanical parts of the Building and Tenant will, at its cost and expense, promptly comply with all laws, rules and regulations of all public authorities having jurisdiction in the Building with reference to Tenant's approvalWork. Tenant shall cause not do or fail to do any act which shall or may render the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant Building of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for which the Demised Premises are a part, liable to any mechanic's lien or other lien and deliver said drawings to Landlord if any such lien or liens be filed against the Building of which the Demised Premises are a part, or against Tenant's Work, or any part thereof, Tenant will, at Tenant's own cost and expense, promptly remove the same of record within thirty (30) days after the filing of such lien or liens; or in default thereof, Landlord approves may, after giving Tenant notice of its intention, cause any such lien or liens to be removed of record by payment of bond or otherwise, as Landlord may elect, and Tenant will reimburse Landlord for all costs and expenses incidental to the Preliminary Architectural Plansremoval of any such lien or liens incurred by Landlord. Tenant shall indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any liens, charges or payments of any kind whatsoever that may be incurred or become chargeable against Landlord or the Engineer Building of which the Demised Premises are a part, or Tenant's Work or any part thereof, by reason of any work done or to be done or materials furnished or to be furnished to or upon the Demised Premises in connection with Tenant's Work. Tenant hereby covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of Tenant's Work or occurring after such completion, as a result of anything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord shall cooperate fully be entitled to provide have a representative or representatives on the site to inspect Tenant's Work and such representative or representatives shall have free and unrestricted access to any and every part of the Demised Premises. Tenant shall advise Landlord in writing of Tenant's general contractor and subcontractors who are to do Tenant's Work, and such general contractor and subcontractors shall be subject to Landlord's prior written approval; such contractors shall, to the extent permitted by law, use employees for Tenant's Work who will work harmoniously with other employees on the job.
(d) Tenant shall at Tenant's sole cost and expense file all informationnecessary architectural plans and obtain all necessary approvals and permits in connection with Tenant's Work being performed by it pursuant to this Article.
(e) The following conditions shall also apply to Tenant's Work:
(i) all Tenant's Work shall be of material, manufacture, design, capacity and color consistent with high-quality retail construction in first-class Midtown Manhattan office buildings (hereinafter called "Building Standard");
(ii) Tenant, at Tenant's expense shall (A) file all required architectural, mechanical and electrical drawings and obtain all necessary permits, and (B) furnish and perform all engineering and engineering drawings in connection with Tenant's Work. Tenant shall obtain Landlord's approval of the drawings referred to in (A) and (B) hereof, which approval shall not be unreasonably withheld or delayed;
(iii) Tenant shall use an engineer approved by Landlord with respect to the preparation of Tenant's engineering drawings in connection with Tenant's Work;
(iv) all Tenant's Work shall be performed by Tenant in accordance with Article 3 hereof; and
(v) Tenant's Work shall be completed and Tenant shall open for business to the general public by no later than six (6) months after the Commencement Date.
(f) Landlord shall, at Tenant's written request, cooperate in all reasonable respects with Tenant agrees in the performance by Tenant of Tenant's Work in preparing the Demised Premises for Tenant's occupancy and Landlord shall instruct its employees and contractors to cause render such assistance and to cooperate with Tenant's employees, representatives and contractors provided that to the Architect and the Structural Engineer to prepare structural drawings extent that Landlord shall incur any reasonable, out-of-pocket expense in so cooperating or in rendering such assistance, Tenant shall reimburse Landlord for the Building and deliver said drawings to Landlord within thirty (30) days after Landlord approves the Preliminary Architecturalsuch expense as additional rent hereunder.
Appears in 1 contract
Tenant’s Work. The actual cost of all of the following shall be paid through the construction escrow described hereinafter from the Tenant Improvement Allowance and the Tenant Deposits, if necessary, [as such terms as hereafter defined].
(a) Landlord and Tenant have agreed that Landlord shall provide the construction materialagrees, hardware and equipment and the labor to construct and install the improvements prior to the Demised Premises described Commencement Date, at Tenant's sole cost and expense, to diligently perform all work of whatever nature in the Plans accordance with Tenant's obligations set forth in Exhibit "D" (as that term is hereinafter described). The material, hardware and equipment as incorporated into the Demised Premises pursuant to the Plans are herein collectively referred to as the "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. Subject 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 Work LetterLease. Tenant shall obtain, Landlord at its sole cost, and immediately thereafter furnish to Landlord, all certificates and approvals with respect to work done and installations made by Tenant have agreed 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 proceed diligently to cause 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 approved by Landlord to be completed in accordance with the terms and conditions of the Lease and this Work Lettertheir prior condition.
(b) The interest of Landlord in the Leased Premises and the Retail Development shall submit instructions and Building plans and Specifications described not be subject to liens for improvements made by or on behalf of Tenant. Nothing contained in this Lease shall be construed as ______________ and dated _____________ a consent on the part of Landlord to Chapo & Hall Architects subject Landlord's estate in the Leased Premises or the Retail Development to any lien or liability under applicable law. In the event that any mechanic's, materialman's or other lien or any notices of claim, including without limitation, stop notices (the herein "Architectlien") sufficient is filed against the Leased Premises or Retail Development as a result of any work, labor, services or materials performed or furnished, or alleged to allow have been performed or furnished to or for Tenant or to or for anyone holding the Architect to complete a Preliminary Space Plan.
(c) Tenant agrees to cause Architect to deliver to Landlord on Leased Premises through or before ______________ plans for the Demised Premises ("Preliminary Space Plans").
(d) On or before _________________under Tenant, Tenant Tenant, at is expense, shall cause the Architect to deliver to Landlord architectural construction drawing (which shall include (i) furniture plans showing details of space occupancy; (ii) sprinkler locations; (iii) reflected ceiling plans; (iv) partition and door location plans; (v) electrical and telephone plans noting any special requirements; (vi) fire safety systems; (vii) plumbing plans; (viii) structural plans; (ix) detail plans; and (x) finish plans and schedules) and also specifications for the Tenant's Work lien to be performed in discharged or fully bonded to the Demised Premises which architectural construction drawings and specifications are acceptable to Tenant and sufficient in all respects for Tenant to cause Tenant's mechanical/plumbing and electrical engineer, Mich▇▇▇ ▇▇▇▇ ▇▇▇ineering (the "Engineer") to prepare the Mechanical/Plumbing and Electrical Drawings (as hereinafter defined) and cause the structural engineer Lyon▇, ▇▇▇▇▇▇ ▇▇▇ Associates, Inc., (the "Structural Engineer") to prepare the Structural Drawings (as hereinafter defined). Such architectural drawings and specifications shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, within seven (7) days satisfaction of receipt by Landlord of a complete set of such architectural construction drawing and specifications. If Landlord does not approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet the Landlord's approval. Tenant shall cause the Architect to revise such architectural construction drawings and specifications pursuant to Landlord's comments and to deliver to Landlord, within seven (7) days after receipt by Tenant of such comments, revised architectural construction drawings and specifications noting the changes for Landlord's approval. Landlord shall continue to comment on such architectural construction drawings and specifications within seven (7) days of receipt of such revised architectural construction drawings and specifications until such architectural construction drawings and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the "Preliminary Architectural Plans".
(e) Tenant agrees to cause the Architect and the Engineer to prepare mechanical, plumbing and electrical drawings for the Demised Premises and deliver said drawings to 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 approves may, in addition to any other remedies Landlord may have, but without obligation to do so, bond against or pay the Preliminary Architectural Planslien 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 paid by Tenant on demand as additional rent. It shall be Tenant's continuing obligation to keep and maintain the Leased Premises and all other parts of the Retail Development free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant and in connection with the Engineer Leased Premises. In addition, Tenant shall cooperate fully to provide all informationreplace any bonds posted by Landlord pursuant hereto with a suitable bond of equivalent amount within twenty (20) days after Landlord's demand therefor.
(fc) Upon the expiration of each five (5) year portion of the Term, Tenant agrees to cause the Architect and the Structural Engineer to prepare structural drawings for the Building and deliver said drawings to Landlord 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 approves specifying the Preliminary Architecturalrefurbishing work to be done by Tenant. All such work shall be carried out in accordance with the provisions of this Lease, including the provisions of this Section 3.3 governing construction of the Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (Play Co Toys & Entertainment Corp)