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EXHIBIT 10.39
FIRST AMENDMENT TO AGREEMENT OF LEASE
This First Amendment to Agreement of Lease ("First Amendment") is dated
for reference purposes only March 21, 1997, and is by and between 0000 Xxxxxxxx
Partnership ("Landlord") and H.S. Resources, Inc., a Delaware corporation
("Tenant").
Whereas, the parties entered into that certain Agreement of Lease dated
March 23, 1994 (the "Lease") concerning Premises described as Suite Nos. 3500
and 3600 in 0000 Xxxxxxxx, Xxxxxx, Xxxxxxxx; and
Whereas, the parties wish to amend the Lease in certain respects as set
forth herein.
Now, therefore, in consideration of the foregoing and for other good
and valuable consideration, the adequacy and sufficiency of which is
acknowledged by the parties, the parties agree as follows:
1. Except as modified by this First Amendment, all provisions of the
Lease remain in full force and effect. Capitalized terms used in this First
Amendment which are not otherwise defined herein shall have the meanings set
forth for them in the Lease. In the event of a conflict between any provision of
this First Amendment and any provision of the Lease, the provision of this First
Amendment shall control.
2. The Premises consist of 35,166 rentable square feet located on
floors 35 and 36 of the Building; (as used in this First Amendment, such space
shall be referred to as the "Original Premises"). Effective on the later to
occur of (i) June 1, 1997, or (ii) the Substantial Completion Date defined in
Schedule A attached hereto, additional space consisting of 17,583 rentable
square feet (the "Additional Premises") shall also be part of the space leased
by the Tenant under the Lease and governed by the provisions of the Lease as
amended by this First Amendment. Such later date shall be referred to as the
"Amendment Commencement Date." The Original Premises and the Additional Premises
may collectively be referred to as the "Expanded Premises." The Additional
Premises are shown on Exhibit 1 attached hereto. Notwithstanding the foregoing,
if the Substantial Completion Date does not occur before September 1, 1997 (the
"Outside Date") due in whole or in part to Landlord Delay, then Tenant shall
have the right to terminate this First Amendment by giving written notice of
such termination that is actually received by Landlord by October 1, 1997, and
if such notice is not received by Landlord by such date, the right to terminate
set forth in this sentence shall be void. Notwithstanding the foregoing
sentence, in the event that the failure of the Substantial Completion Date to
occur by the Outside Date is a result of a delay in delivery to the Building of
the carpeting selected by Tenant, through no fault or delay caused by Landlord,
then such delay shall not constitute Landlord Delay. In the event that Tenant
terminates this First Amendment as permitted by the provisions of this
paragraph, then all provisions of the Lease excluding the provisions of this
First Amendment shall remain in full force and effect as if this First Amendment
had never been executed, and the Tenant's termination of this First Amendment
shall be the Tenant's sole remedy and right with respect to the Substantial
Completion Date being delayed beyond September 1, 1997. Tenant hereby expressly
waives the right to seek or obtain any other legal or equitable remedies.
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3. Effective on the Amendment Commencement Date, the Expiration Date of
the Lease shall be extended from June 30, 1999 to June 14, 2003. However, in the
event that the Amendment Commencement Date occurs (or is deemed to occur under
Schedule A) after June 13, 1997, the Expiration Date shall be extended beyond
June 14, 2003 for the same number of days by which the Amendment Commencement
Date is after June 13, 1997. The extended Expiration Date determined pursuant to
the two preceding sentences shall be referred to as the "Extended Expiration
Date." After the determination of the Extended Expiration Date under this
paragraph, Tenant agrees to promptly execute, acknowledge and deliver to
Landlord an instrument, in form mutually satisfactory to Landlord and Tenant,
setting forth the Amendment Commencement Date and the Extended Expiration Date.
4. Except as may be adjusted pursuant to paragraphs 5 and 6 below, from
and after the Amendment Commencement Date each monthly installment of Base Rent
payable by Tenant to Landlord shall be in the following amounts during the
following periods of time:
Period Of Time Monthly Base Rent Monthly Base Total Monthly
for Floors 35 and Rent for Floor 37 Base Rent 36
----------------- ----------------- ------------
The one year period from and $17,583.00 $19,414.56 $36,997.56
after the Amendment
Commencement Date
The 1 year period commencing $17,583.00 $20,879.81 $38,462.81
the 1st anniversary of the
Amendment Commencement Date
The 1 year period commencing $43,957.50 $22,345.06 $66,302.56
the 2nd anniversary of the
Amendment Commencement Date
The 1 year period commencing $44,690.13 $23,810.31 $68,500.44
the 3rd anniversary of the
Amendment Commencement Date
The 1 year period commencing $45,422.75 $25,275.56 $70,698.31
the 4th anniversary of the
Amendment Commencement Date
The period commencing the 5th $46,888.00 $26,740.81 $73,628.81
anniversary of the Amendment
Commencement Date through
the Expiration Date
5. If the Amendment Commencement Date does not occur on the first day
of a calendar month, the amount of monthly installment of Base Rent for the 37th
floor for the month in which the monthly installment rate changes shall be
calculated by applying the applicable monthly rate to the number of days in the
calendar month that such rate is in effect. The monthly
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installment of Base Rent for Floors 35 and 36 shall remain the current rate of
$17,583 per month until the Amendment Commencement Date.
6. In the event that the Aggregate Development Cost defined in Schedule
A attached hereto is less than the amount of the Allowance specified in Schedule
A, and provided an Event of Default by Tenant does not exist at the time Tenant
is to be credited with savings, the amount of savings (up to a maximum of
$87,915) shall be credited to the next succeeding Base Rent obligations of
Tenant following the determination of the amount of savings. In the event that
the Allowance exceeds the Aggregate Development Cost by more than $87,915, such
savings in excess of $87,915 shall remain the sole property of Landlord.
Schedule A and the exhibits thereto are a part of this First Amendment.
7. Tenant's Pro Rata Share with respect to the Original Premises shall
remain 5.53%, and the Base Year with respect to the Original Premises shall
remain the calendar year of 1994. With respect to the Additional Premises, from
and after the Amendment Commencement Date, Tenant's Pro Rata Share shall be
2.765%, and from and after the Amendment Commencement Date, the Base Year for
purposes of determining Tenant's Share of Operating Expenses with respect to the
Additional Premises shall be the calendar year of 1997.
8. Effective on the Amendment Commencement Date, the reference in
Article 38 of the Lease to 37 non-reserved parking spaces in the off-site
parking garage shall be changed to 55 non-reserved parking spaces in the
off-site parking garage, and the reference to four non-reserved parking spaces
in the on-site parking facility shall be changed to five non-reserved parking
spaces in the on-site parking facility.
9. Article 40 of the Lease, entitled "Option to Expand," and Article 42
of the Lease, entitled "First Right of Refusal," are hereby deleted.
10. Article 41 of the Lease, entitled "Option to Renew" shall remain in
effect but shall apply only to the five year period commencing on the date
succeeding the Extended Expiration Date and expiring five years after the
Extended Expiration Date. The following sentence shall be deleted from Article
43 of the Lease, entitled "Arbitration to determine Base Rent:" "If this
arbitration proceeding is pursuant to Article 40, the arbitrator shall also be
advised to assume the payment by Landlord of $19.25 per square foot of tenant
finish costs (below the grid) and $6.00 of leasing commissions per square foot."
11. Tenant represents and warrants that Tenant has dealt directly with
(and only with) Xxxxxxx Realty Corporation as broker in connection with this
First Amendment, and that insofar as Tenant knows no other broker negotiated
this First Amendment or is entitled to any commission in connection therewith,
and the execution and delivery of this First Amendment by Landlord shall be
conclusive evidence that Landlord has relied upon the foregoing representation
and warranty. Tenant agrees to indemnify Landlord and Xxxxxxx Realty Corporation
from claims or commissions from any other brokers arising out of the execution
of the First Amendment, except for those brokers who assert claims arising out
of alleged dealings with the Landlord, and the foregoing indemnity shall also
apply to attorney's fees which may be incurred by Landlord or Xxxxxxx Realty
corporation as a result of Tenant's breach of its representations
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and warranties contained in this paragraph. Landlord shall be responsible for
paying the commission to Xxxxxxx Realty Corporation in connection with the
transactions contemplated by this First Amendment, pursuant to a separate
agreement between Landlord and Xxxxxxx Realty Corporation.
In Witness Whereof, the parties have executed this First Amendment on
the dates specified below.
LANDLORD:
0000 XXXXXXXX PARTNERSHIP
By:
-------------------------------
Xxxx X. Xxxxx, authorized
representative
Date: April 24, 1997
TENANT:
H.S. RESOURCES, INC., a Delaware
corporation
By:
-------------------------------
Signature
Xxxx X. Xxxxxxxx Vice President
Name and Title
Date: April 24, 1997
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SCHEDULE A
LANDLORD'S CONSTRUCTION
1. Space Plan.
Landlord and Tenant have agreed upon a Space Plan prepared by MCDS Inc.
dated February 26, 1997, general revision April 23, 1997.
2. Construction Drawings.
(a) Tenant shall promptly and diligently furnish such information
relative to the Additional Premises and devote such time with Landlord and an
architect designated by Landlord as Landlord may deem necessary to prepare the
Construction Drawings.
(b) Landlord shall submit Construction Drawings to Tenant within 5 days
after the information required to be provided by Tenant under paragraph 2(a) has
been provided.
(c) Tenant shall review and approve the Construction Drawings as
expeditiously as reasonably possible. If the Construction Drawings are
consistent with the Space Plan, and otherwise are reasonably complete and
appropriate, as specified by Landlord's architect, Tenant's approval shall occur
not later than 4 business days after the Landlord has submitted the Construction
Drawings to Tenant.
(d) Tenant's approval shall be evidenced by Tenant signing each page of
the Construction Drawings. Tenant Delays in the approval process shall not alter
Tenant's ensuing obligations. The work to be performed pursuant to the
Construction Drawings shall be "Landlord's Construction."
(e) Notwithstanding the foregoing provisions of this Section 2, in the
event that the Construction Drawings are not mutually approved by Landlord and
Tenant for any reason by May 2, 1997, the Outside Date defined in the First
Amendment shall be extended on a day by day basis for each day that mutual
approval of the Construction Drawings occurs after said date.
3. Pricing Summary.
(a) Landlord shall present the Pricing Summary in accordance with the
format on Exhibit 1 attached hereto within 2 days after Tenant's approval of the
Construction Drawings along with reasonable supporting detail, bids and costs.
(b) Tenant will approve in writing the Pricing Summary within 4
business days after Landlord's submittal under paragraph 3(a) or will notify
Landlord of any reasonable objection to such Pricing Summary within the same
period. If Tenant presents reasonable objection to the Pricing Summary, Tenant
and Landlord shall promptly meet and diligently work to resolve the issues. If
the approved Pricing Summary shows that the Aggregate Development Cost will
exceed the Allowance, Tenant shall have the option of making changes to the
Construction Drawings so as to reduce or eliminate the amount of the Shortfall.
However, if by doing so,
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Tenant does not approve the Pricing Summary within the time specified in this
paragraph, any such delay in the approval process will be deemed a Tenant Delay.
(c) Upon approval of the Pricing Summary, Tenant will simultaneously
make a 50% deposit of the Shortfall as defined in Exhibit 1. The balance and the
cost of changes are to be paid by Tenant on the Substantial Completion Date
defined below.
(d) The parties agree that the Pricing Summary will be revised by
Landlord and approved in writing by Tenant as an additional condition to
Landlord's approving or performing any work different than that specified in the
approved Space Plan and Construction Drawings. Simultaneously therewith, Tenant
shall pay any additional amount necessary so that Tenant shall have paid at that
time fifty percent (50%) of the newly calculated Shortfall (but this shall not
be construed to entitle Tenant to a refund if fifty percent (50%) of the newly
calculated Shortfall is less than that previously paid by Tenant).
(e) In the event that the Pricing Summary is not mutually agreed by
Landlord and Tenant by May 6, 1997, then the Outside Date defined in the First
Amendment shall be extended on a day by day basis for each day that mutual
approval of the Construction Drawings occurs after said date.
4. Landlord's Construction.
(a) Upon Tenant's approval of the Pricing Summary and Tenant's
simultaneous payment of 50% of the Shortfall, Landlord, subject to the other
terms and conditions of this Schedule A, shall proceed diligently to cause
Landlord's Construction to be substantially completed by June 13, 1997, which
date shall be extended on a day by day basis for each day that either the
Pricing Summary or Construction Drawings are not approved by the dates specified
in Sections 3(e) and 2(e) respectively. Landlord, its contractor and
subcontractors shall diligently perform Landlord's Construction in accordance
with the approved Construction Drawings and the approved Pricing Summary.
(b) Landlord's construction of the Landlord's Construction shall
proceed with diligence and continuity until completion, subject, however, to
Force Majeure delays as defined in Schedule B to the Lease and subject to Tenant
Delay.
(c) Tenant's written acknowledgment of substantial completion under
paragraph 17 below shall also constitute acknowledgment by Tenant that Landlord
has fulfilled all of its obligations to Tenant under this Schedule A, subject to
any Punch-List Items which are required to be completed. Landlord's obligations
under this Schedule A conclude with the performance of any Punch-List Items
described in paragraph 17 below.
5. Compliance. The Space Plan, Construction Drawings and Landlord's
Construction shall meet with Landlord's approval and comply with all applicable
codes, laws, rules and regulations governing the Building and the Additional
Premises including ADA compliance, but Tenant shall remain solely responsible
for ADA compliance related to Tenant's use of the Premises.
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6. Tenant Changes. Changes to the approved Space Plan, approved
Construction Drawings and Landlord's Construction may be made only with
Landlord's prior written approval which shall not be unreasonably withheld. If
the Aggregate Development Costs exceeds the Allowance due to such changes, or
the amount by which the Aggregate Development Cost exceeds the Allowance is
increased as a result of such changes, all costs incurred by virtue of such
changes including labor and materials, architectural/engineering, plan reviews,
estimating, coordinating, printing costs, and incidental expenses shall be paid
in full by Tenant on the Substantial Completion Date to the extent not
previously paid by Tenant under paragraph 3 above. Any such change approved in
writing by Landlord shall be deemed part of the approved Construction Drawings.
Any changes required by any governmental department affecting the construction
of the Additional Premises shall be performed by Landlord in completing the
Additional Premises and shall not be deemed to be a violation of the Space Plan,
the Construction Drawings or Landlord's Construction, and shall be deemed
automatically accepted and approved by Tenant.
7. Tenant Delay.
(a) If Landlord shall be delayed in substantially completing Landlord's
Construction as a result of any act, neglect, failure or omission of Tenant, its
servants, employees, invitees, licensees, agents, visitors, representatives,
customers or contractors, including without limitation any of the following,
such delays shall be deemed a "Tenant Delay," and Tenant shall be responsible
for and pay any and all cost and expenses incurred by Landlord caused by Tenant
Delay. As an illustration of the foregoing but not in limitation thereof, Tenant
Delay is that delay caused by (a) the failure by Tenant to take any action under
this Schedule A within the time period required by the terms of this Schedule;
or (b) modifications, revisions and changes to the approved Space Plan, approved
Construction Drawings and/or Landlord's Construction as requested by Tenant; or
(c) work performed by Tenant or entity engaged by Tenant which adversely affects
the timing of Landlord's Construction; or (d) Tenant's failure to meet with
Landlord and/or Landlord's architect or failure to provide information to
Landlord required under this Schedule A in a timely manner; or (e) the request
by Tenant for materials, finishes or installations (other than those included in
Exhibit 2 attached hereto) which are not readily available at the time Landlord
is ready to install the same; or (f) the failure by Tenant to pay in a timely
manner any payment required to be made under this Schedule; or (g) any other
unreasonable conduct of any kind or nature relating to the completion of the
Additional Premises and engaged in by Tenant. Landlord shall not be liable for
any damages caused by Tenant Delay.
(b) No act or omission which would otherwise constitute a Tenant Delay
shall be considered a Tenant Delay unless Tenant has received one (1) business
day's written notice that an act or omission that would constitute a Tenant
Delay has occurred or is about to occur and such act or omission continues after
such notice, in which case the number of days following receipt of such notice
shall be considered a Tenant Delay. Any such notice shall include an explanation
as to how the act or omission is causing or potentially causing the delay.
(c) If the Substantial Completion Date (as defined in paragraph 17
below) shall be delayed by reason of any Tenant Delay, the Substantial
Completion Date shall nevertheless be
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deemed to occur as of the date that the Additional Premises would have been
substantially completed but for any such Tenant Delay as agreed upon by the
parties. If the parties do not agree within two (2) business days after the
Landlord gives written notice to Tenant of Landlord's determination that the
Substantial Completion Date is deemed to occur on a specified date, then the
parties shall promptly commence an arbitration to determine whether the
Substantial Completion Date shall be deemed to occur, and such arbitration shall
be conducted pursuant to Article 43 of the Lease, as modified in Section 17
below. Provided Landlord promptly complies with any arbitration order, (i)
Tenant's sole remedy in such arbitration proceeding if Tenant prevails is to
enjoin Landlord to complete work which the arbitrator determines was not done as
required or not done in a workmanlike manner, and (ii) Tenant expressly waives
the right to seek or obtain any other legal or equitable remedies. When the
Substantial Completion Date is determined or deemed to occur, Tenant's
obligation to pay Rent for the Additional Premises shall commence as provided in
the First Amendment.
(d) Tenant shall pay to Landlord a sum equal to additional cost to
Landlord in completing Landlord's Construction resulting from any Tenant Delay.
Any such sums shall be in addition to all other sums payable under this Schedule
A and shall be paid to Landlord within ten (10) days after Landlord submits an
invoice to Tenant therefor with all reasonable supporting documentation and
calculations.
8. Landlord Delay. Landlord Delay shall mean: (i) any act or omission
constituting a default or negligence by Landlord, Landlord's contractor, the
General Contractor, subcontractors, any sub-subcontractors or their employees or
agents; (ii) the cost of repair of improperly constructed Landlord's
Construction damaged by Landlord, Landlord's contractor, the General Contractor,
any subcontractor, any sub-subcontractor or their employees or agents; (iii)
additional testing or inspections which result in the reasonable rejection of
Landlord's Construction; (iv) the cost of insurance deductibles and uninsured
casualty losses; and delays in Landlord's Construction other than Tenant Delays
or Force Majeure Delays. Additional construction costs caused by Landlord Delay
shall be Landlord's responsibility and therefore shall not be part of the
Allowance described in Section 10 below.
9. Intentionally Left Blank.
10. Allowance. Landlord shall provide Tenant an Allowance not to exceed
$439,575 to be applied to all costs ("Aggregate Development Cost") incurred by
Landlord in performing all of its obligations under this Schedule A. The
components of the Aggregate Development Cost are more specifically identified in
the Pricing Summary attached hereto as Exhibit 1. Notwithstanding the foregoing,
the Aggregate Development Cost excludes: (i) labor charges for overtime work or
other costs associated with Landlord's Construction as a result of work
performed otherwise than during normal business hours, except that ,5 overtime
charges and costs incurred with respect to the construction of the stairwell
shall be applied against the Aggregate Development Cost; and (ii) any costs
incurred in connection with floor leveling.
11. Shortfall. Should the Allowance be greater than the Aggregate
Development Cost, corresponding savings shall be either credited to Tenant or
become the sole property of the Landlord as provided in Section 6 of the First
Amendment to which this Schedule A is
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attached. Should the Aggregate Development Cost be greater than the Allowance,
the total amount of such difference shall be the Shortfall as referred to in
Exhibit 1 attached to this Schedule A.
12. Directions. All directions to the architect and contractors shall be
given solely by Landlord.
13. Standard Tenant Finish. Standard Tenant Finish specifications for the
Building shall be defined by Exhibit 2 attached to this Schedule A. There shall
be no credits for unused or substituted items on Exhibit 2.
14. Job Site Rules. Work by Tenant and/or any entity engaged by Tenant
shall be performed solely upon the prior written approval of Landlord and in
strict accordance with the Tenant Finish Job Site Rules and Regulations (Exhibit
3 attached hereto).
15. Payments by Tenant. The payments to be made by Tenant as provided in
this Schedule A shall be collectible in the same manner as Additional Rent under
the Lease whether or not the Substantial Completion Date shall have occurred. In
the event of any default in the payment by Tenant of any amount due under this
Schedule A in a timely manner, Landlord shall (in addition to all other
remedies) have the same rights as in the event of a default by Tenant in the
payment of Rent under the Lease and Landlord shall have no obligation to
continue Landlord's Construction. In addition, Tenant shall not be permitted to
commence occupancy of the Additional Premises if Tenant is then in material
default hereunder, but all rental obligations with respect to such space shall
nevertheless not be abated but shall continue to be the obligation of Tenant.
16. Entry by Tenant.
(a) Tenant hereby designates Xxxx Xxxxxxxx as its authorized agent
("Tenant's Agent') for the purposes of receiving and making communications on
behalf of Tenant under this Schedule A.
(b) Landlord agrees that prior to Substantial Completion of Landlord's
Construction, Tenant's Agent shall have the right at any time during regular
business hours to inspect the Additional Premises during the course of
Landlord's Construction, and Tenant shall also be entitled reasonable access to
the Additional Premises in order to install Tenant's fixtures and equipment
(including telephone, communications and computer equipment, but excluding
furniture) for use in the Additional Premises ("Tenant's Fixturization Work").
If Tenant has not been provided with sufficient time and access to complete
Tenant's Fixturization Work prior to the Substantial Completion of Landlord's
Construction, the Amendment Commencement Date and the Extended Expiration Date
provided in the First Amendment shall be extended by the time period reasonably
required by Tenant to complete the Tenant Fixturization Work, but in no event
more than three (3) weeks) (the "Fixturization Period"). Without limiting the
foregoing, Landlord agrees to allow Tenant access to install Tenant's telephone,
communications and computer wiring in the Additional Premises prior to the
completion of ceilings, and Tenant agrees that Tenant will cause such
installation work to be commenced and
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completed within a reasonable period of time. Landlord shall be deemed to have
provided Tenant with sufficient time and access to complete Tenant's
Fixturization Work so long as Landlord provides such access at least twenty (20)
days prior to the date specified in Section 4(a) of this Schedule A, as it may
be delayed pursuant to the provisions of that Section, without interruption
pursuant to Section 16(e). So long as Landlord provides such access pursuant to
the preceding sentence, the failure of Tenant to timely complete Tenant's
Fixturization Work for any reason, including but not limited to the
unavailability of any party which will be providing telephone, communications or
computer equipment for Tenant, or any other labor or materials relating to
Tenant's Fixturization Work, shall be deemed a Tenant Delay.
(c) Landlord shall make the freight elevator reasonably available to
Tenant in connection with Tenant's initial decorating, furnishing and moving
into the Additional Premises, and the cost of doing so to the extent that
Landlord utilizes its own staff shall be borne solely by Landlord. Tenant shall
not pay any costs for any after-hours staffing of the freight elevator or any
after hours Building Services or utilities, should such after-hours use be
necessary (including during Tenant's move-in over a weekend if applicable),
except that if to accommodate Tenant's schedule, Landlord hires any outside
contractor to staff the freight elevator or otherwise, Tenant shall reimburse
Landlord for such costs. The General Contractor and subcontractors will not be
charged for hoisting elevators in connection with any work related to Landlord's
Construction. Such costs shall be at Landlord's cost and shall not be included
in the services or general conditions of the General Contractor or any
subcontractor. It is understood, however, that if after-hours staffing for any
purpose is caused by Tenant Delays, the Tenant will be responsible for the
direct costs of such staffing with no additional xxxx-ups or fees. Landlord will
provide Landlord's normal general Building security throughout the duration of
the project.
(d) To the extent not covered by insurance carried by Tenant with
respect to property damage (and all such policies of insurance shall contain
"waiver of subrogation" clauses), and to the extent not covered by insurance
carried by Landlord or the General Contractor with respect to property damage
(and all such policies of insurance shall contain "waiver of subrogation"
clauses) and subject to the terms and conditions of the Lease, Landlord
indemnifies and agrees to protect, defend and to hold Tenant and its agents,
contractors, officers and employees, harmless from and against any and all
losses, costs, liabilities, damages, demands, claims, causes of action and
expenses (including reasonable attorneys' fees and court costs) by reason of
damage to the Additional Premises or the personal property or equipment of such
parties, which may arise during the course of Landlord's Construction from
construction of Landlord's Construction, and any other construction in or on the
Building except Tenant's Fixturization Work, whether caused by Landlord, the
General Contractor, any subcontractor employed by Landlord or the General
Contractor, or anyone directly or indirectly employed by any of them.
(e) Tenant agrees to indemnify and save harmless Landlord, its agents,
representatives, officers, directors, shareholders, partners and employees from
and against any and all claims, loss, liability, damage, fines, suits, demands,
cost and expense, including without limitation, reasonable attorney's fees and
disbursements, arising from or claimed to arise from (i) any act, neglect, or
failure to act of Tenant or anyone entering the Additional
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Premises or Building with Tenant's permission, (ii) the performance of Tenant's
Fixturization Work, or (iii) any other reason whatsoever arising out of said
entry upon the Additional Premises or Building.
(f) Entry into the Additional Premises by Tenant or its agents to
perform the Tenant Fixturization Work shall be without interference with the
performance of Landlord's Construction. Any such entry for the aforesaid purpose
shall be deemed under all the terms, covenants and conditions of the Lease as
amended by the First Amendment. In the event Landlord, in its sole discretion,
determines that the performance by Tenant or any of its agents of any Tenant
Fixturization Work is impeding or impairing in any way the performance of
Landlord's Construction, then, upon notice to Tenant, Tenant shall cease or
cause the cessation of all such work until the receipt of written notification
from Landlord that Tenant may once again enter the Additional Premises in order
to perform Tenant Fixturization Work.
17. Substantial Completion. Landlord shall notify Tenant of the
anticipated date of substantial completion of Landlord's Construction
("Substantial Completion Date") in a notice given at least five (5) business
days prior to the Substantial Completion Date stated therein. Landlord and
Tenant shall thereupon set a mutually convenient time for Tenant, Landlord and
Landlord's General Contractor to inspect the Additional Premises and Landlord's
Construction, at which time the parties shall agree upon punch-list items as
defined below. "Substantial Completion" as used in this Schedule shall be deemed
to occur when (a) Landlord's Construction has been substantially completed
pursuant to the Construction Drawings, and certified to the parties by
Landlord's architect; subject to decoration and minor mechanical or other
punch-list items or adjustments that do not materially interfere with Tenant's
use of the Additional Premises ("Punch-List Items"), and (b) a final inspection
approval or other required written approval of governmental authority shall have
been issued permitting Tenant to occupy the Additional Premises. Upon completion
of the inspection, if the conditions of this paragraph have been met, Tenant
shall acknowledge in writing that substantial completion of Landlord's
Construction has occurred, and that the Additional Premises are accepted in
their "as is" condition, subject to any Punch-List Items to be completed.
Landlord shall diligently complete the Punch-List Items within a reasonable time
after Tenant commences occupancy of the Additional Premises, and upon completion
of the Punch List Items, "Final Completion" shall be deemed to have occurred. In
the event Tenant shall fail to confer with Landlord and complete the above
procedures in this paragraph with respect to the substantial completion of
Landlord's Construction within five (5) business days after Landlord's notice
setting forth the Substantial Completion Date, (x) Tenant shall have no right to
enter the Additional Premises for the purposes of conducting its business
therefrom until Tenant meets with Landlord in the Additional Premises to inspect
the Additional Premises and Landlord's Construction, (y) Landlord's Construction
shall be deemed completed and satisfactory in all respects and the Substantial
Completion Date, if it has not then yet occurred, shall be deemed to have
occurred on the date set forth in Landlord's notice as the Substantial
Completion Date. If Landlord and Tenant do not agree that substantial completion
of Landlord's Construction has occurred, or they do not agree as to the contents
of the Punch-List Items, if any, Tenant shall specify in writing within one
business day after the above described inspection, all of the manners in which
substantial completion is claimed not to have occurred or in which the parties
disagree as to Punch-List Items to be completed. Either party may thereafter
submit any such dispute or
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any dispute concerning Final Completion to arbitration in accordance with the
same procedures specified in Article 43 of the Lease entitled "Arbitration To
Determine Base Rent," and all of the provisions relating to an arbitration
proceeding as described in Article 43 (without regard to any provisions dealing
with the calculation of Base Rent, which is irrelevant to the arbitration
proceeding contemplated by this paragraph), including without limitation the
binding nature of such proceeding, shall be applicable. If the Landlord is the
substantially prevailing party in an arbitration proceeding pursuant to this
paragraph, the time period to resolve such dispute shall be a Tenant Delay. If
the Tenant is the substantially prevailing party then all delay shall be a
Landlord Delay. The prevailing party in such arbitration shall be awarded its
costs incurred therewith, including reasonable attorneys fees. Provided Landlord
promptly complies with any arbitration order, (i) Tenant's sole remedy in such
arbitration proceeding if Tenant prevails is to enjoin Landlord to complete work
which the arbitrator determines was not done as required or not done in a
workmanlike manner, and (ii) Tenant expressly waives the right to seek or obtain
any other legal or equitable remedies.
18. Items to be Supplied by Landlord. Landlord shall supply without charge
the items listed on Exhibit 4.
19. Exhibits. The following exhibits are attached to this Schedule A: 1)
Pricing Summary; 2) Standard Tenant Finish; 3) Job Site Rules; and 4) Items
Supplied by Landlord.
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PRICING SUMMARY
EXHIBIT 1 TO SCHEDULE A
Date:____________________ Rev._____________________
TENANT: H.S. Resources, Inc., a Delaware corporation
ARCHITECT/ENGINEER:____________________________________________________________
CONTRACTOR:____________________________________________________________________
PLANS AND SPECIFICATIONS:______________________________________________________
Construction Cost ________________
Architectural/Engineering/De sign
Other Costs ________________
Pre-Stocked Materials Cost ________________
Subtotal ________________
Project management and expenses @
5% of Subtotal payable to Landlord ________________ ________________
Aggregate Development Cost
Allowance $ 439,575
Difference between Aggregate
Development Cost and Allowance
(Shortfall Payable by Tenant to
Landlord or Amount of Savings
to be allocated pursuant to Section
6 of the First Amendment) ________________
Deposit @ 50% ________________
Balance due on Substantial Completion Date ________________
Accepted and Approved by:
------------------------------ -----------------
Tenant's Authorized Agent Date
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05/08/95
0000 XXXXXXXX
STANDARD TENANT FINISH SPECIFICATIONS
1.0 FLOOR:
1.1 Floors are lightweight concrete on metal deck with a steel trowel
finish and level within industry tolerances. The floors are designed to support
up to 50 p.s.f. live load with an additional allowance of 20 p.s.f. dead load
(for suspended ceilings below and partitions).
1.2 Carpeting shall be Designweave Tempest II or equivalent, 32 ounce
face weight, cut pile of selected standard colors, glued down.
2.0 WALLS/PARTITIONS AND TRIM:
2.1 Partitions between public corridors and tenant spaces will be
built to the underside of the structure above. Construction shall be straight
walls of 2-1/2" 25 ga. metal studs at 16" o.c., or 24" o.c. where permitted by
the Building Code, with 5/8" gypsum board on each side. Gypsum board will be
taped, sanded and ready to receive succeeding finishes.
2.2 Demising partitions between two different tenant spaces will be
built to the structure above. Construction shall be straight walls of 2-1/2" 25
ga. metal studs at 24" o.c. with 5/8" gypsum board on each side, and wall cavity
filled with 2" sound attenuating batt insulation.
2.3 Interior tenant partitions within a tenant space will be straight
wall, 8'-6" high, fastened to the ceiling grid, 2-1/2" 25 ga. metal studs at 24"
o.c. with 5/8" gypsum board on each side. Interior tenant partitions which
penetrate the ceiling are not part of the standard tenant finish package.
2.4 2-1/2" high straight rubber base will be provided on all
appropriate vertical surfaces adjacent to floor carpeting.
1
EXHIBIT 2 TO
SCHEDULE A
15
WALLS/PARTITIONS AND TRIM CONT'D.
2.5 All walls/partitions will be straight lengths. Where walls
terminate at the building perimeter they shall meet either a mullion or a
column. The method of closure between columns and the perimeter wall shall be
friction supported black neoprene from floor to ceiling.
3.0 CEILINGS:
3.1 All tenant ceilings will be on a non-fire rated 20" x 60" module
with exposed suspension grid and noncombustible mineral fiber acoustical tile
with deep relief, 3/4" routings dividing the surface into 20" squares; N.R.C.
range .55-.65 Tile is stocked on unfinished tenant floors for installation
during tenant finish. The suspension grid system was installed during base
building construction.
3.2 Ceiling height in tenant areas is normally 8'-6".
4.0 DOORS:
4.1 Tenant entry doors (for entries to suites on multi-tenant floors)
shall be 3'-0" x 8'-4" solid core flush wood, teak veneer to match base building
(no exceptions). Doors shall be set in painted hollow metal frames and be
equipped with hardware, i.e., locksets, closures, etc.
4.2 Interior doors shall be 3'-0" x 8'-4" solid core flush wood, teak
veneer, single leaf. Doors will be set in painted hollow metal frames and be
equipped with stop hinges and latchset.
5.0 HARDWARE:
5.1 Russwin lever type latchsets for interior tenant doors (4.2 above)
and Russwin lever type locksets for tenant entry doors (4.1 above). All doors to
receive butt hinges an door stops. Finish on all hardware to be US 26D brushed
dull chrome finish. All locksets must be keyed to the building master and
designated submasters).
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6.0 PAINTING:
6.1 All gypsum board finishes completed during base building
construction (except in Landlord's core area utility-type rooms), and all gypsum
board finished which are part of the standard tenant finish package will receive
one coat of primer and one coat of eggshell or semi-gloss latex paint in a
light-tone color (deeper tones may require additional coats which are of part of
the standard tenant finish package).
6.2 Hollow metal door frames will receive two coats of a color
compatible with the wall color of semi-gloss latex paint over factory or field
applied prime coat.
7.0 BUILDING PERIMETER WALLS AND WINDOW TREATMENT:
7.1 Building perimeter walls are gypsum board at head and sill ready to
receive succeeding finishes. Windows are reflective glass set in clear anodized
aluminum frame.
7.2 Narrow style horizontal blinds are installed at all perimeter
windows as part of base building construction.
8.0 HEATING, VENTILATION AND AIR CONDITIONING ("HVAC"):
8.1 Central plant facility (floors 3, 4, 29 and 30) and main trunk
ductwork (all tenant floors), for a variable volume heating, ventilation and air
conditioning system was installed as part of base building construction. It was
designed such that it is capable of providing service to tenant areas during
regular business hours or as otherwise defined in the Lease Agreement, such that
the following a first-class office building:
a. 72F during the heating season with outdoor dry bulb
temperature of 5F.
b. 76F at not more than 50% relative humidity during the
cooling season with outdoor temperature up to 93F dry bulb and 64F wet bulb,
with an occupancy rate of one (1) person per 125 square feet usable area, with a
maximum electrical load, including light and power, of three (3) xxxxx per
rentable square foot.
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HEATING, VENTILATION AND AIR CONDITIONING CONT'D.
The above operational standards are contingent upon any energy
regulation amendments dictated by local, state or federal agencies.
8.2 Air distribution, which is part of the standard tenant finish
package, shall be overhead with ducted supply and plenum return above the
ceiling through recessed lighting fixtures (see 9.2) distributed evenly
throughout the tenant space. in accordance with Tenant's lighting layout, and
through the perimeter slot diffuser (the perimeter slot diffuser on each tenant
floor was installed as part of base building construction).
8.3 The HVAC system provide thirteen (13) perimeter temperature control
zones per typical floor, with the distribution and zoning arranged per building
standard design. Four (4) additional zones (interior) per typical floor may be
arranged to accommodate the tenants layout.
8.4 Special HVAC is not part of the standard tenant finish package. It
shall be considered any HVAC which exceeds that which is normal for general
offices in a first class high rise office building (special usage rooms are not
considered general offices). Landlord reserves the sole right to determine, on a
room-by-room basis, where Tenant's HVAC requirements are "special."
9.0 ELECTRICAL AND TELEPHONE SERVICES:
9.1 Power availability is at approximately 5 xxxxx per usable square
foot. Landlord's engineer should be consulted for precise available power for
Tenant's space.
9.2 Lighting fixtures are Columbia 20" x 60" recessed fluorescent with
low brightness parabolic contour louvers and energy efficient type ballast.
Fixtures (currently stocked on each tenant floor) shall be set in exposed
suspension ceiling grid and circuited during tenant construction. Fixtures are
equipped with lamps (3100 Xxxxxx-warm). Fixtures in excess of 9 per 1000
rentable square feet are not included in the standard tenant finish package.
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ELECTRICAL AND TELEPHONE SERVICES CONT'D.
9.3 Wall switches with standard cover plates to control lighting
fixtures (9.2 above) will be provided in an amount necessary to satisfy
applicable Building Codes.
9.4 Wall receptacles with standard cover plates for 110 volt single
phase connected load will be provided as reasonably required by Tenant's working
drawings. Receptacles will be 15 amp rated, 3-wire grounded units. Special
receptacles (i.e., dedicated, special amperage, floor mount, etc.) are not part
of the standard tenant finish package.
9.5 Wall telephone outlets will be provided as reasonably required by
Tenant's working drawings with 1/2" conduit "stubbed" above the ceiling.
Tenant's telephone system, including but not limited to all wiring, equipment,
main feed to core telephone room, and all wall cover plates, are not part of the
standard tenant finish package. Tenant's phone system shall be located within
tenant's usable space, and not in the building's core telephone room. All
cabling (telephone, computer, television, etc.) which will be located above the
ceiling must be "plenum rated" and independently supported.
9.6 Illuminated exit signs shall be installed at the ceiling as
required by the Building Code.
10.0 FIRE PROTECTION:
10.1 Each floor of the building has been sprinklered with flush-mounted
heads as part of base building construction on the basis of an open space plan.
White covers shall be installed during tenant finish. Adjustments and additions
to existing sprinkler head locations which are necessary to comply with the
Building Code will be performed during tenant finish.
10.2 Fire detection and fire-warning systems installed during base
building construction shall be modified and supplemented in accordance with
local fire and building codes.
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11.0 TENANT IDENTIFICATION:
11.1 A standard entry identification plaque (for tenants on
multi-tenant floors only) in accordance with Landlord's Tenant Identification
Signage Program as will be provided.
20
03/01/93
TENANT FINISH
JOB SITE RULES AND REGULATIONS FOR 0000 XXXXXXXX
The following rules and regulations are used for this project for the
safety, benefit and convenience of all tenants, contractors and other persons in
the building. PLEASE READ THESE RULES THOROUGHLY PRIOR TO COMMENCEMENT OF ANY
WORK. It is the general contractor's responsibility to notify the
subcontractors, workmen and suppliers to observe all such rules and regulations,
and to enforce them accordingly.
1. Prior to construction commencement, the general contractor shall
deliver to Landlord a Certificate of Insurance of the following insurance
policies for the general contractor and each subcontractor, naming 0000 Xxxxxxxx
Partnership and Winthrop Management (0000 Xxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx
80202), their members, agents and employees as Additional Insureds:
(i) Workers' Compensation Insurance in the statutory amount of
$100,000,
(ii) General Liability Insurance with minimum coverage of
$1,000,000 combined single limit, or dual limits of:
(a) B.I. (Bodily Injury) $1,000,000 each
occurrence/$1,000,000 aggregate; and
(b) P.D. (Property Damage) $1,000,000 each
occurrence/$1,000,000 aggregate,
(iii) Automobile Liability Insurance with minimum coverage of
$1,000,000 combined single limit, or dual limits of:
(a) B.I. (Bodily Injury) $1,000,000 each person/
$1,000,000 each accident; and
(b) P.D. (Property Damage) $1,000,000 each accident; and,
(iv) Such other insurance as may be reasonably required by Landlord
under the circumstances.
The insurance company utilized must maintain a minimum rating of A+,
class XII in the Best Insurance Guide (as updated from time to time) or be
otherwise acceptable to the Landlord. Certificates must indicate the property
name and address to be:
EXHIBIT 3 TO
SCHEDULE A
21
1999 Broadway (building)
0000 Xxxxxxxx
Xxxxxx, Xxxxxxxx 00000
Each certificate must state that the Insurance Company will provide
thirty (30) days' written notice to the Certificate Holder before the insurance
may be cancelled or materially altered.
2. The general contractor, at its sole expense, shall procure all
permits relative to the construction work, and shall, during construction,
comply with all applicable legal requirements. The construction work shall, once
completed, comply with all applicable laws, ordinances, regulations, codes or
orders of any state, municipal or other public authority affecting same, and
with all requirements of the local fire rating insurance organization, the
Denver Fire Department and other similar bodies.
3. Landlord may require that hoardings be constructed around work areas
and that all work be conducted and all tools and materials be kept behind such
hoardings and that all cutting, drilling or other work of the noisy or vibrant
nature be conducted outside occupied tenants' normal business hours.
4. No build-out materials are to be taken from Landlord's stock unless
contractors have obtained prior written approval to use such materials (in
specified quantities) from Landlord. Landlord's representative must be present
at the time contractors take possession of build-out materials from Landlord's
stock or replenish materials to Landlord's stock. A complete list of materials
is needed and 24 hours' notice required prior to pick-up.
5. The general contractor is responsible at all times for keeping the
premises and adjacent areas free from accumulations of waste material and/or
rubbish caused by their subcontractors, workmen or suppliers. The general
contractor is responsible for leaving the work area in a broom clean condition
at the end of each work day. The general contractor is also responsible for the
final cleanup which shall include but not be limited to light fixtures, windows
and trim, entries and public space affected by the work. Any repair or cleaning
cost incurred by Landlord relative to the general con tractor's work, including
but not limited to delinquency in attending to repairs or cleaning shall be
forwarded to the tenant/general contractor.
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6. Landlord may inspect construction areas at any time, and stop work
if contractor is not in compliance with these rules and/or not performing work
in accordance with plans and specifications approved by Landlord.
7. The freight elevator is available for contractor and general
building use from 7:00 a.m. to 3:30 p.m., Monday thru Thursday, Friday from 7:00
a.m. to 1:00 p.m. Stocking and/or movement up through the building of materials
and/or equipment for tenant finish work shall be facilitated by use of the
freight elevator only. Stocking shall take place only at scheduled times and
only by use of the parking level loading dock. After hours use of the dock and
elevator must be coordinated through the property management office. Contractors
will not be provided exclusive use of the freight elevator at any time, though
24 hours' notice will enhance scheduling opportunities.
All materials must be clearly identified prior to being hoisted. The
maximum allowable load shall be 5000 pounds. The freight elevator is 5'-8" wide
x 10'-0" long x 9'-0" high.
8. Since there is inadequate room on site for dumpsters, contractors
must arrange for removing trash from the building. Hauling trash on the freight
elevator, and use of the dock for trash removal must be accomplished after hours
and scheduled properly, with first priority given to tenants already in
occupancy.
9. All contractors, subcontractors, workmen and suppliers are required
to use the loading dock entrance and freight elevator to gain access to and from
floors under construction. No construction personnel are to use passenger
elevators, other than if designated as a temporary construction elevator, and
then only for floor-to-floor travel so as to avoid main lobby areas At no time
shall contractors, workmen or suppliers transport equipment or supplies via the
passenger elevators.
10. The loading dock hours in the parking level are from 8:00 a.m. to
4:00 p.m., Monday thru Friday. The delivery of merchandise, supplies, fixtures
and other materials or goods to and from the premises and all loading, unloading
and handling shall be done only at such times as stated above.
11. All "after-hours' work must be scheduled through the property
management office. If a contractor deems it necessary to perform work before
7:00 a.m. or after 3:30 p.m. on any given day, it shall be that contractor's
responsibility to submit a request accordingly to
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Landlord before 3:00 p.m. on the day before. After hours work may not take place
without Landlord's prior approval. Extra costs, if any, incurred by Landlord to
facilitate contractor's after hours work, shall be reimbursed by the contractor.
12. Construction crews shall provide their own parking. Any
unauthorized vehicle in the loading dock or curb cut areas shall be ticketed and
towed at its owner's expense.
13. In that this building has sensitive fire and life safety systems,
various precautions need be taken by contractors in order to avoid false alarms.
These precautions will likely include "bagging" smoke detectors and/or
periodically "pulling" fire alarm zones. Any work which may impact the fire and
life safety systems must be coordinated through the property management office.
Costs incurred by Landlord for false alarms will be passed on to tenant/general
contractor as appropriate. Methods employed to avoid false alarms must not
compromise life safety in the Building.
14. Emergency lighting, life safety and energy management systems shall
not be disconnected under any circumstances without prior written approval from
Landlord. Upon receiving approval, the work shall be scheduled through the
property management office 24 hours in advance. Work shall be done expeditiously
and emergency facilities shall be restored immediately upon completion.
Additionally, building personnel, who monitor all life safety systems, must be
notified at 292-4470 prior to any such work being started. The final tie-in
(link) to the base building fire alarm system shall be performed by the
appropriate base building subcontractor at the tenant finish general
contractor's expense.
15. No core drilling, concrete removal or structural steel alteration
shall be performed without prior written approval of Landlord and Land lord's
structural engineer. Coordination for timing of such work requires that the
contractor notify Landlord at least 48 hours in advance. Brays are required
prior to any and all core drilling. The contractor must take prudent precautions
to ensure that no one (including occupants, visitors, building personnel,
inspectors and workmen) will be exposed to potentially harmful rays.
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16. Temporary power is available at the electrical room on each floor.
Additional power requirements beyond those provided shall be the responsibility
of the contractor in need.
17. All temporary lights shall be provided and maintained by the
contractors. Contractors are responsible for turning off lights and breakers
each night. Any lights or breakers left on without specific permission shall be
turned off at Land lord's discretion.
18. Landlord shall be notified 24 hours in advance before contractor
cuts into any duct, sprinkler line, water meter, or before moving any air
handling equipment, thermostat, etc. Additionally, a 24 hour notice shall be
given prior to any varnishing or use of toxic materials so that ventilation
requirements may be reviewed. Landlord reserves the right to withhold approval
for contractor to use any materials which Landlord in its sole discretion deems
could be harmful to the building or its occupants.
19. Contractors, subcontractors, workmen end suppliers shall be
required to use restrooms designated by Landlord for use by construction
personnel. Damages shall be repaired at the damaging contractor's expense as
reasonably determined by Landlord. Use of building restrooms other than those
designated are restricted and are off limits to construction personnel. Restroom
facilities shall be maintained by the general contractor.
20. Janitorial closets shall become the general contractor's
responsibility upon start-up of work. Upon completion of work, Landlord shall
inspect the janitor closet and complete clean-up, routing, etc. Associated costs
shall be forwarded to the tenant/general contractor, as appropriate.
Janitor/electrical/telephone rooms may not be used for storage at any time.
21. Contractors doing tenant finish work on an occupied floor are
required to protect all finished floors and walls as necessary but with a
minimum 6 mil. clear visqueen until all major deliveries have been received and
all drywall work completed. Repairs for any associated damage shall be the
responsibility of the general contractor. Each contractor will be responsible
for properly protecting and safeguarding his work. The Landlord shall not in any
way be held liable for damage or loss to any contractor's work. Damage shall,
however, be paid for by the damaging contractor as determined solely by
Landlord.
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22. Contractors shall only be allowed access to the specific floors on
which they are working. All other areas are considered off limits.
23. Any access required into a finished area shall be coordinated by
the general contractor through Landlord. The contractor shall then assume
complete responsibility for the area and shall bear all costs for repair to any
damaged work.
24. Any damage to existing base building work on tenant floors shall be
the responsibility of the damaging contractor as determined by Landlord.
25. Landlord shall have sole determination with respect to the
appropriate incidental charges (i.e., damage or non-compliance charges)
allocated to tenants/ contractors.
26. Landlord cannot guarantee the general contractors' security on the
individual tenant finish floors. Security shall be the responsibility of the
individual general contractor. Landlord must be provided two (2) master keys for
each "lock-off" area under the control of a general contractor.
27. Provisions for contractors' job site telephones shall be each
individual contractor's responsibility.
28. Final fire alarm tie-in shall be performed by Dynamic Controls at
Contractor's expense. No exceptions will be considered (761-8124 Xxx
Xxxxxxxxxxxxx).
29. All safety rules and regulations, state and federal, must be
observed at all times. All contractors shall cooperate in every detail with any
and all other safety requirements imposed by Landlord.
30. Information relative to any toxic or flammable materials shall be
provided to the Landlord before such materials are brought into the building.
Contractors must adhere to all federal, state and local codes pertaining to
hazardous materials. Contractor must supply appropriate documentation including
but not limited to Material Safety Data Sheets covering materials used on this
job. All hazardous and toxic materials must be stored in original containers
with D.O.T. approved labels in a location specified by building management.
Landlord reserves the right to restrict and/or deny toxic or flammable materials
in the building.
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31. Proper working attire shall be worn at this project at all times.
32. Each contractor shall be responsible for providing and maintaining
his own first aid kit.
33. All contractors personnel shall report to the dock master's office
to be provided with a security badge prior to commencing any work in the
building.
34. If the general contractor is engaged directly by a tenant, then the
tenant is ultimately responsible for the general contractor, their
subcontractors, workmen and suppliers. Any action detrimental to the building
and/or its tenants shall become the sole responsibility of that tenant. Landlord
also retains the right to deny building access to any individual(s) permanently
or temporarily if in Landlord's sole discretion such individual(s) commits any
action which could be considered detrimental to the building, its personnel
and/or its tenants.
35. Contractors, subcontractors and suppliers shall be responsible for
submitting lien releases at the time final payment is made. If such lien
releases are received by tenants, they should be forwarded to the Landlord.
36. Regulations supplemental to those above may be incorporated as part
of these site rules if deemed appropriate by Landlord.
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EXHIBIT 4
ITEMS TO BE SUPPLIED BY LANDLORD
ITEM QUANTITY COMMENTS
---- -------- --------
Light Fixtures (20"x60") 158 Additional units @ $250 each
Whip Cables (for fixture-to-fixture 158
connections) Additional units @ $21 each
6" Diffusers As required
6" Flex Duct As required
6" Spin-in Adapters As required
Ceiling Tile As required
Ceiling Box Connectors As required
NOTE: All items are building standard, and are available from Landlord only in
standard sizes, colors, lengths, functions, etc.
