Common use of Work of Improvement Clause in Contracts

Work of Improvement. (a) Landlord shall perform Landlord’s Work promptly, diligently, in a first-class and workmanlike manner and in accordance with all Laws, and shall use its best efforts to complete Landlord’s Work on or before the Projected Commencement Date. All improvements made to the Premises pursuant to the attached Exhibit A, whether made by or at the expense of either Party, shall on installation be and remain the property of Landlord, excluding only Tenant’s Property. (b) On or about the date of Substantial Completion, the Parties, Landlord’s architect and contractor and, if desired by Tenant, Tenant’s architect shall perform a walk-through of the Premises, confirming that Landlord’s Work has been completed, and identifying the Punch List Items. The Punch List Items shall be completed by Landlord within thirty (30) days after such walk-through (but shall not include any items resulting from the delivery or installation of Tenant’s furniture, fixtures or equipment, which items shall be repaired promptly by Tenant, at Tenant’s sole cost and expense, in accordance with all applicable provisions of this Lease). In addition to Landlord’s obligation to complete the Punch List Items, Landlord shall, at Landlord’s sole cost and expense, remedy any defects in Landlord’s Work of which Tenant gives Landlord notice within the one (1)-year period following the Commencement Date. Landlord shall also use its best efforts to obtain and enforce all warranties customarily provided by all contractors, subcontractors and material suppliers in connection with the Improvements.

Appears in 2 contracts

Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

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Work of Improvement. (a) Landlord shall perform Landlord’s Work promptly, diligently, in a first-class and workmanlike manner and in accordance with all Laws, and shall use its best efforts to complete Landlord’s Work on or before the Projected Commencement Date. All improvements made to the Premises pursuant to the attached Exhibit A, whether made by or at the expense of either Party, shall on installation be and remain the property of Landlord, excluding only Tenant’s Property. (b) On or about the date of Substantial Completion, the Parties, Landlord’s architect and contractor and, if desired by Tenant, Tenant’s architect shall perform a walk-through of the Premises, confirming that Landlord’s Work has been completed, and identifying the Punch List Items. The Punch List Items shall be completed by Landlord within thirty (30) days after such walk-through (but shall not include any items damage resulting from the delivery or installation of Tenant’s furniture, fixtures or equipment, which items damage shall be repaired promptly by Tenant, at Tenant’s sole cost and expense, in accordance with all applicable provisions of this Lease). In addition to Landlord’s obligation to complete the Punch List Items, Landlord shall, at Landlord’s sole cost and expense, promptly remedy any defects in Landlord’s Work of which Tenant gives Landlord notice within the one (1)-year period following the Commencement Date. Landlord shall also use its best efforts to obtain and enforce all warranties customarily provided by all contractors, subcontractors and material suppliers in connection with the Improvements.

Appears in 1 contract

Samples: Lease (Purple Innovation, Inc.)

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Work of Improvement. (a) Landlord shall perform Landlord’s Work promptly, diligently, in a first-class and workmanlike manner and in accordance with all Laws, and shall use its best efforts to complete Landlord’s Work on or before the Projected Commencement Date. All improvements made to the Premises pursuant to the attached Exhibit A, whether made by or at the expense of either Party, shall on installation be and remain the property of Landlord, excluding only Tenant’s Property. (b) On or about the date of Substantial Completion, the Parties, Landlord’s architect the Architect and contractor and, if desired by Tenant, Tenant’s architect shall perform a walk-through of the Premises, confirming that Landlord’s Work has been completed, and identifying the Punch List Items. The Punch List Items shall be completed by Landlord within thirty (30) days after such walk-through (but shall not include any items resulting from the delivery or installation of Tenant’s furniture, fixtures or equipment, which items shall be repaired promptly by Tenant, at Tenant’s sole cost and expense, in accordance with all applicable provisions of this Lease). In addition to Landlord’s obligation to complete the Punch List Items, Landlord shall, at Landlord’s sole cost and expense, remedy any defects in Landlord’s Work of which Tenant gives Landlord notice within the one (1)-year period following the Commencement Date. Landlord shall also use its best efforts to obtain and enforce all warranties customarily provided by all contractors, subcontractors and material suppliers in connection with the Improvements.

Appears in 1 contract

Samples: Lease Agreement (Vivint Solar, Inc.)

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