Work and Materials at Tenant’s Expense. On Tenant’s behalf, Landlord shall select a licensed general contractor or contractors (the “Contractor”) to construct and install the Second Expansion Improvements in accordance with the Plans (the “Work”) at Tenant’s expense (which expense may be deducted from the Allowance). Tenant agrees that the Contractor may be an affiliate of Landlord. Landlord shall coordinate and facilitate all communications between Tenant and the Contractor.
a. Prior to commencing Work, Landlord shall submit to Tenant in writing the cost of the Work, which shall include (i) the Contractor’s cost for completing the Work (including the Contractor’s general conditions, overhead and profit), and (ii) a construction supervision fee of $6,000.00, to be paid to Landlord to manage and oversee the work to be done on Tenant’s behalf. The landlord shall obtain competitive bids from a minimum of three contractors. Tenant shall have five (5) business days to review and approve the cost of the Work. Landlord shall not authorize the Contractor to proceed with the work until the cost is mutually agreed upon and approved in writing and delivered to Landlord.
b. Any changes in the approved cost of the Work shall be by written change order signed by the Tenant. Tenant agrees to process change orders in a timely fashion. Tenant acknowledges that the following items may result in change orders:
i. Municipal or other governmental inspectors require changes to the Second Expansion Space such as additional exit lights, fire damper or whatever other changes they may require. In such event, Landlord will notify the Tenant of the required changes, but the cost of such changes and any delay associated with such changes shall be the responsibility of the Tenant.
ii. Tenant makes changes to the Plans or requests additional work. Tenant will be notified of the cost and any delays that would result from the change by a change order signed by Tenant before the changes are implemented. Any delays caused by such changes shall not delay the Second Expansion Commencement Date of the Lease.
iii. Any errors or omissions in the Plans or specifications which require changes. Landlord will notify the Tenant of the required changes, but the cost of such changes and any delay associated with such changes shall be the responsibility of the Tenant, and shall not delay the Second Expansion Commencement Date of the Lease.
iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The upf...
Work and Materials at Tenant’s Expense a. Prior to commencing and providing any such work or materials to the Premises, Landlord shall select from a competitive bidding process of at least three (3) of its approved contractors, a licensed general contractor or contractors (the "Contractor") to construct and install the Tenant Improvements and Landlord shall submit to Tenant written estimates of the cost of such work and materials and Tenant shall approve said estimates in writing within five (5) business days after the receipt thereof. Landlord shall not be authorized to proceed thereon until such estimate is mutually agreed upon and approved in writing and delivered to Landlord. Landlord's written estimate shall include a Construction Supervision Fee of three percent (3%) of the entire cost of the work to be performed to manage and oversee the work to be done on Tenant's behalf.
b. Tenant agrees to pay to Landlord, promptly upon being billed therefor, all costs and expenses in excess of the Allowance incurred in connection with the Tenant Improvements. Such costs and expenses shall include all amounts charged by the Contractor for performing such work and providing such materials (including the Contractor's general conditions, overhead and profit). If unpaid within ten (10) days after receipt of invoice, then the outstanding balance shall accrue at the rate of one percent (1%) per month until paid in full.
Work and Materials at Tenant’s Expense a. Any improvements not part of the BSI or costing in excess of the allowances for BSI items, shall be WMTE. Landlord agrees that its contractors will perform and provide any WMTE requested by Tenant, provided Landlord approves the WMTE Plans.
b. Prior to commencing and providing any such WMTE, Landlord shall submit to Tenant written estimates of the cost of such WMTE and Tenant shall approve said estimates in writing within five (5) business days after the receipt thereof. Landlord shall not be authorized to proceed thereon until such estimate is mutually agreed upon and approved in writing and delivered to Landlord. Landlord’s written estimate shall include a construction supervision fee of three percent (3%) to manage and oversee the work to be done on Tenant’s behalf.
c. Tenant agrees to pay to Landlord, promptly upon being billed therefor, all costs and expenses incurred in connection with the WMTE requested by Tenant. Such costs and expenses shall include all amounts charged by the Contractor for performing such work and providing such materials (including the Contractor’s general conditions, overhead and profit). Tenant will be billed for such costs and expenses as follows:
(i) fifty percent (50%) of such costs and expenses shall be due and payable upon Tenant’s approval of the cost estimates for the WMTE; (ii) twenty-five percent (25%) of such costs and expenses shall be due and payable when such work is substantially completed and the Premises are ready for delivery to Tenant; (iii) twenty-five percent (25%) of such costs and expenses shall be due and payable upon final completion of punch list items.
d. Notwithstanding the foregoing, Tenant agrees and acknowledges that Tenant shall be responsible, at Tenant’s sole cost and expense, for any existing or future cabling for networks, telephones, data ports and/or antennas with regard to the Premises.
Work and Materials at Tenant’s Expense a. Prior to commencing and providing any such work or materials to the Premises, Landlord shall select a licensed general contractor or contractors (the "Contractor") to construct and install the Tenant Improvements and Landlord shall submit to Tenant written estimates of the cost of such work and materials and Tenant shall approve said estimates in writing within five (5) business days after the receipt thereof. Landlord shall not be authorized to proceed thereon until such estimate is mutually agreed upon and approved in writing and delivered to Landlord. Landlord's written estimate shall include a construction supervision fee of zero percent (0%) to manage and oversee the work to be done on Tenant's behalf.
b. Tenant agrees to pay to Landlord, promptly upon being billed therefor, all costs and expenses in excess of the Allowance incurred in connection with the Tenant Improvements. Such costs and expenses shall include all amounts charged by the Contractor for performing such work and providing such materials (including the Contractor's general conditions, overhead and profit). Tenant will be billed for such costs and expenses as follows: one hundred percent (100%) of such costs and expenses shall be due and payable upon final completion of such work. If unpaid within ten (10) days after receipt of invoice, then the outstanding balance shall accrue at the rate of one percent (1%) per month until paid in full.
Work and Materials at Tenant’s Expense a. Any improvements requested by Tenant that are not a part of, or are otherwise inconsistent with, the Specifications shall be at Tenant’s sole cost and expense and shall be subject to Landlord’s prior written approval. Tenant agrees to pay to Landlord, promptly upon receipt of any invoice, for all costs and expenses incurred for any improvements that are not a part of, or are otherwise inconsistent with, the Specifications, plus a Construction Supervision Fee equal to four percent (4%) of such total costs and expenses in exchange for Landlord providing construction management services. If unpaid within ten (10) days after receipt of invoice, then the outstanding balance shall accrue at the rate of one percent (1%) per month until paid in full.
b. Tenant understands, acknowledges and agrees that notwithstanding anything to the contrary, Landlord may require (a) any contractor (and its subcontractors) to purchase materials and finishes for the performance of the Tenant Improvements through Landlord's preferred vendor(s) provided the cost of such materials and finishes does not, in the aggregate, exceed the competitive cost of the same materials and finishes not purchased from Landlord's preferred vendor(s), and (b) specific vendors to perform portions of the Tenant Improvements affecting Building systems. The term "Building Standard" shall mean the type, brand, grade, or quality of materials and finishes Landlord designates from time to time to be used in the Building or, as the case may be, the exclusive type, brand, grade, or quality of materials and finishes to be used in the Building.
Work and Materials at Tenant’s Expense. Tenant shall select a licensed general contractor or contractors (the “Contractor”) familiar with all applicable statutes, laws, codes, ordinances, rules and regulations pertaining to construction in the jurisdiction of the Building and any rules, regulations, instructions and procedures promulgated by Landlord with respect to Tenant design and/or construction in the Building, subject to approval by Landlord if Landlord does not unreasonably withhold its approval; to construct and install the Tenant Improvements in accordance with the Plans (the “Work”) at Tenant’s expense (subject to the Tenant Allowance). The following contractors, if used by Tenant, shall be deemed approved by Landlord: AP Construction.
a. All work performed in connection with the construction of the Tenant Improvements shall be performed in a good and workmanlike manner and in accordance with all applicable statutes, laws, codes, ordinances, rules and regulations and in accordance with the final approved Plans.
Work and Materials at Tenant’s Expense a. Tenant agrees that its Contractors will perform and provide the work and materials to construct the Tenant Improvements, provided Landlord shall first approve such Contractors, such approval not to be unreasonably withheld.
b. [INTENTIONALLY OMITTED]
c. No more often than once in any thirty (30) day period, Tenant may submit to Landlord a written request for a disbursement of all or a portion of the Allowance, together with written invoices paid to third parties for work or materials necessary in the construction of the Tenant Improvements substantiating the amount of the requested payment. In connection with such request for disbursement, Tenant shall deliver to Landlord (i) partial or final releases of lien, as applicable, from contractors, sub-contractors or materialmen performing the work or providing the materials for the Tenant Improvements, and from all lienors giving notice required under law; (ii) if applicable, upon final payment to the general Contractor, a final contractor's affidavit from the general Contractor in accordance with applicable law; and (iii) any supporting documentation evidencing final or partial completion and payment of the Tenant Improvements reasonably requested by Landlord. Upon satisfaction of the foregoing, Landlord shall pay to Tenant that portion of the Allowance as properly documented in the Tenant's request for payment.
Work and Materials at Tenant’s Expense. Landlord will provide, at Tenant's request, any work or materials (collectively, the "Tenant Work") requested by Tenant, provided Landlord approves the final plans and working drawings therefor. Tenant shall pay all expenses, including a $25,000 fee for the Landlord's construction management, incurred in connection with the Tenant Work to the extent such expenses exceed the Landlord provided improvement allowance equal to $483,952.00 (the "Allowance"). Tenant shall make an estimated payment on account of such expenses upon approval of the cost estimation (as specified in Paragraph 3(d)). Tenant shall pay the remainder of such expenses when the Tenant Work is eighty percent (80%) complete, as determined by Landlord's architect. If the Allowance exceeds such expenses, then the excess shall be applied against one half of the Base Rent otherwise payable until the entire amount of such excess has been so credited.
Work and Materials at Tenant’s Expense a. Tenant shall select Contractors licensed in State in which the Premises are located, to provide the work and materials to construct the Tenant Improvements; provided that Landlord shall first approve such Contractors, such approval not to be unreasonably withheld.
b. ALL WORK IS TO BE PERFORMED IN COMPLIANCE WITH LANDLORD'S CONSTRUCTION RULES, REGULATIONS AND SPECIFICATIONS ("CONSTRUCTION RULES"), A COPY OF WHICH HAS BEEN PROVIDED TO
Work and Materials at Tenant’s Expense a. Tenant will provide to Landlord a list of the subcontractors from which Tenant intends to solicit bids for work on the Premises. Within two business days after receiving any such list, Landlord will notify Tenant whether any of the subcontractors on such list are objectionable to Landlord (based on skill in the trade, business practices, financial practices or other reasonable basis) and will indicate to Tenant the nature of the objection. Thereafter, without Landlord’s prior written consent, Tenant will not engage (and it will direct its construction manager to not engage) in connection with work on the Premises any person or entity Landlord has reasonably identified as objectionable.
b. Intentionally Omitted.
