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 upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process. c. All work performed in connection with the construction of the Second Expansion Space shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
Appears in 2 contracts
Samples: Lease Agreement (INC Research Holdings, Inc.), Lease Agreement (INC Research Holdings, Inc.)
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 Third 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 $6,000.00ten percent (10%) of the cost of the Work, to be paid to Landlord to manage and oversee the work to be done on Tenant’s behalf. The landlord 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 Third 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 Third 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 Third Expansion Commencement Date of the Lease.
iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Third Expansion Space shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
Appears in 2 contracts
Samples: Lease Amendment (INC Research Holdings, Inc.), Lease Amendment (INC Research Holdings, Inc.)
Work and Materials at Tenant’s Expense. On Tenant’s behalfa. Prior to commencing and providing any such work or materials to the Premises, Landlord shall select a licensed general contractor or contractors contractors, (which Tenant agrees may be an affiliate of Landlord) (the “"Contractor”") to construct and install the Second Expansion Tenant 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 written estimates of the cost of the Worksuch work and materials and if said estimate is not already approved by being attached as an exhibit to this Workletter, 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 approve said estimates in writing within five (5) business days to review and approve after the cost of the Workreceipt thereof. Landlord shall not authorize the Contractor be authorized to proceed with the work thereon until the cost such estimate is mutually agreed upon and approved in writing and delivered to Landlord. If the Contractor is not an affiliate of Landlord, Landlord's written estimate shall include a construction supervision fee of n/a % to manage and oversee the work to be done on Tenant's behalf.
b. Any changes Tenant agrees to pay to Landlord, promptly upon being billed therefor, all costs and expenses in the approved cost excess of the Work Allowance incurred in connection with the Tenant Improvements. Such costs and expenses shall be by written change order signed include all amounts charged by the TenantContractor for performing such work and providing such materials (including the Contractor's general conditions, overhead and profit). The excess costs as outlined on the attached Construction Estimate are anticipated to be $0.00. Tenant agrees to process change orders in a timely fashion. Tenant acknowledges that the following items may result in change orders:payment option (N/A) below for any excess costs.
i. Municipal or other governmental inspectors require changes to Tenant will be billed for such costs and expenses as follows: (a) forty-five percent (45%) of such costs and expenses shall be due and payable upon Tenant's approval of the Second Expansion Space such as additional exit lights, fire damper or whatever other changes they may require. In such event, Landlord will notify cost estimates for the Tenant of the required changes, but the cost Improvements; (b) forty-five percent (45%) of such changes costs and any delay associated with such changes expenses shall be due and payable when such work is substantially completed as defined in Section 6 below; (c) ten percent (10%) of such excess costs and expenses shall be due and payable upon substantial completion of such work. If unpaid within ten (10) days after receipt of invoice, then the responsibility outstanding balance shall accrue at the rate of the Tenant.one percent (1%) per month until paid in full; or
ii. Tenant makes changes to Landlord will amortize the Plans or requests additional work. Tenant excess costs over the term of the Lease as Additional Rent which will be notified paid in equal monthly installments 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 upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.$N/A.
Appears in 1 contract
Samples: Lease (Celebrate Express, Inc.)
Work and Materials at Tenant’s Expense. On Tenant’s behalfa. 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 Second Expansion ----------------- T /s/ RDG INITIALS -------- LL /s/ illegible ----------------- Tenant 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 written estimates of the cost of the Work, which shall include (i) the Contractor’s cost for completing the Work (including the Contractor’s general conditions, overhead such work and profit), materials 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 approve said estimates in writing within five (5) business days to review and approve after the cost of the Workreceipt thereof. Landlord shall not authorize the Contractor be authorized to proceed with the work thereon until the cost such estimate 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 pay to Landlord, promptly upon being billed therefor, all costs and expenses in a timely fashion. Tenant acknowledges that excess of the following items may result Allowance incurred 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 connection with the Tenant of Improvements. Such costs and expenses shall include all amounts charged by the required changesContractor for performing such work and providing such materials (including the Contractor's general conditions, but the cost of such changes overhead and any delay associated with such changes shall be the responsibility of the Tenant.
ii. Tenant makes changes to the Plans or requests additional workprofit). Tenant will be notified 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 Tenant Improvements; (ii) thirty percent (30%) of such costs and any delays that would result from expenses shall be due and payable when such work is substantially completed as defined in Section 6 below; (iii) twenty percent (20%) 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 change outstanding balance shall accrue at the rate of one percent (1%) per month until paid in full. Notwithstanding the above, in the event Tenant elects to amortize additional tenant improvement provided by a change order signed by Landlord, not to exceed $3.00 per square foot above the Allowance, Tenant before shall be entitled, provided such additional cost is amortized at 11% over the changes are implemented. Any delays caused by such changes shall not delay the Second Expansion Commencement Date term of the Lease.
iii. Any errors or omissions in Lease and added to 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 upfit schedule requires Express Review to get permits, which will increase the costs of the permitting processBase Rent.
c. All work performed in connection with Any Contractor provided by Landlord to construct the Tenant Improvements shall obtain, prior to the commencement of construction of the Second Expansion Space shall be performed Tenant Improvements, a payment bond in a good and workmanlike manner and in accordance compliance with all applicable laws and regulations and with the final approved PlansSection 713.23, Florida Statutes.
Appears in 1 contract
Samples: Office Lease (Software Spectrum Inc)
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 Tenant 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 Two Thousand Three Hundred Dollars and 00/10 ($6,000.00, 2,300.00) 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 Premises 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 commencement date of the Lease.
iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space Premises shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
d. The contractor shall use reasonable efforts to complete the Tenant Improvements by January 1, 2005.
Appears in 1 contract
Samples: Lease (SOI Holdings, Inc.)
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 Tenant Improvements in accordance with the Plans (the “Work”) at TenantLandlord’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 's general conditions, overhead and profit), ) and (ii) a construction supervision fee of $6,000.00, 2.5 % of the cost of the work to be paid to Landlord to manage and oversee the work to be done on Tenant’s 's behalf. The landlord shall obtain competitive bids from a minimum of three contractors. Tenant shall have five (5) seven 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 Premises 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 commencement date of the Lease.
iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space Premises shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
Appears in 1 contract
Samples: Lease (Bioventus Inc.)
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 Tenant 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, five percent (5%) 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 Premises 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. iv. The upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space Premises shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
d. Notwithstanding any provision herein to the contrary, Tenant shall be solely responsible for all costs associated with the separation of the electrical service for the Premises and the Remainder Space, which costs shall be deducted from the Allowance.
Appears in 1 contract
Samples: Service Center Building Lease (Digital Lightwave Inc)
Work and Materials at Tenant’s Expense. On Tenant’s behalfa. Landlord shall deliver the Premises in “shell” condition with ceiling grid, high pressure HVAC, distribution and control systems completed and with ceiling tile and lights stacked on the floor or installation. Low pressure HVAC duct and distribution shall not be included in the above described “shell” condition. 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 Second Expansion Tenant 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 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 Work, which 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 (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 N/A% 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 pay to Landlord, promptly upon being billed therefor, all costs and expenses in a timely fashion. Tenant acknowledges that excess of the following items may result Allowance incurred 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 connection with the Tenant of Improvements. Such costs and expenses shall include all amounts charged by the required changesContractor for performing such work and providing such materials (including the Contractor’s general conditions, but the cost of such changes overhead and any delay associated with such changes shall be the responsibility of the Tenant.
ii. Tenant makes changes to the Plans or requests additional workprofit). Tenant will be notified billed for such costs and expenses as follows: (i) N/A% of such costs and expenses shall be due and payable upon Tenant’s approval of the cost estimates for the Tenant Improvements; (ii) N/A% of such costs and any delays that would result from expenses shall be due and payable when such work is substantially completed as defined in Section 6 below; (iii) 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 change by a change order signed by Tenant before outstanding balance shall accrue at the changes are implemented. Any delays caused by such changes shall not delay rate of one percent (1%) per month until paid in full; or (iv) amortized over the Second Expansion Commencement Date Term of the LeaseLease at an interest rate of eleven and one-half percent (11.5%) payable as part of Tenant’s monthly installments of Rent.
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 upfit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
Appears in 1 contract
Samples: Office Lease (SOI Holdings, Inc.)
Work and Materials at Tenant’s Expense. Landlord shall submit the improvement work to one or more licensed contractors to bid for the Tenant Improvement work (Tenant being entitled to select one contractor to participate in such bidding process). On Tenant’s 's behalf, Landlord Landlord, using its reasonable discretion, shall select select, from the contractors submitting a licensed general bid, the contractor or contractors (the “"Contractor”") to construct and install the Second Expansion Tenant Improvements in accordance with the Plans (the “"Work”") at Tenant’s 's expense (which expense may be deducted from the Allowance). For the avoidance of doubt, Tenant understands, acknowledges, and agrees that Landlord shall not be required to select as the Contractor the contractor selected by Tenant to participate in the bidding process. Tenant agrees that the Contractor may be an affiliate of Landlord, provided that the affiliate’s cost for completing the Work (including the affiliate’s general conditions, overhead and profit) does not, in the aggregate, exceed the competitive cost of the Work had the Contractor not been an affiliate of Landlord. Landlord shall coordinate and facilitate all communications between Tenant and the Contractor.
a. Prior to commencing any Work, Landlord shall submit to Tenant in writing the cost of the Work, which shall include (i) the Contractor’s 's cost for completing the Work (including the Contractor’s 's general conditions, overhead and profit), ) and (ii) a construction supervision fee Construction Supervision Fee of $6,000.00, four percent (4%) of the cost of the Work to be paid to Landlord to manage and oversee the work to be done on Tenant’s '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 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 Premises 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 upfit schedule requires Express Review express review to get permits, which will increase the costs of the permitting process.
c. All work Work performed in connection with the construction of the Second Expansion Space Tenant Improvements shall be performed (i) in a good and workmanlike manner and manner, (ii) in accordance with all applicable laws and regulations and with the final approved Plans, (iii) utilizing Building Standard (as hereinafter defined) materials and finishes designated by Landlord. Tenant understands, acknowledges and agrees that notwithstanding anything to the contrary, Landlord may require (a) the Contractor (and its subcontractors) to purchase materials and finishes for the performance of the Work 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 Work 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.
Appears in 1 contract
Samples: Office Lease (Autobytel Inc)
Work and Materials at Tenant’s Expense. On Tenant’s behalf, Tenant and Landlord shall mutually select a licensed general contractor or contractors (the “Contractor”) to construct and install the Second Expansion Tenant 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 's general conditions, overhead and profit), ) and (ii) a construction supervision fee of $6,000.00, five percent (5%) to be paid to Landlord to manage and oversee the work to be done on Tenant’s '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 Premises 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 commencement date of the Lease.
iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The upfit up fit schedule requires Express Review to get permits, which will increase the costs of the permitting process.
c. All work performed in connection with the construction of the Second Expansion Space Premises shall be performed in a good and workmanlike manner and in accordance with all applicable laws and regulations and with the final approved Plans.
Appears in 1 contract