CONSTRUCTION OF PREMISES. A. Lessor agrees that it will supply, at its own expense, its standard office space, as more particularly described and set forth on Exhibit “B” annexed hereto and made a part hereof (“Lessor’s Work”). /s/ Lessor /s/ Lessee
B. Lessee agrees to perform, at its own cost and expense, all work other than Lessor’s Work, including without limitation that work, as particularly described in Exhibit “E” annexed hereto (“Lessee’s Work”), which is necessary to make the Premises conform with Lessee’s plans as approved by Lessor. Within thirty (30) days after the execution of this Lease, Lessee shall furnish to Lessor, for Lessor’s written approval, plans and specifications for the Lessee’s Work, showing a layout, lighting plan, fixturing plan, interior finish and material samples, and any work or equipment to be done or installed by Lessee affecting any structural, mechanical or electrical part of the Premises or the Building. Failure to provide same within said thirty (30) day period shall constitute a default by Lessee under this Lease. Lessor’s failure to disapprove of Lessee’s plans within fifteen (15) days of receipt shall constitute acceptance by Lessor of such plans. Design elements as aforesaid will be displayed in color renderings in such detail as may be sufficient for Lessor’s needs. It is the purpose of this requirement that Lessee’s Premises be fixtured, designed and laid out so as not to be a detriment to the other tenants in the Building and that Lessee’s Work shall not be detrimental to the Building or other tenants therein, and Lessor’s approval of the plans and specifications as aforesaid for Lessee’s Work shall be at the Lessor’s sole discretion. Lessee agrees and acknowledges that all Lessee’s Work, improvements, alterations or additions performed by Lessee (hereinafter collectively “Alterations”) whether pursuant to this Section or otherwise, shall be carried out in compliance with all Requirements and is performed and accomplished solely for the benefit and convenience of Lessee, and not for the benefit of Lessor, such Alterations being nevertheless subject to each and every of the provisions of this Lease,.
CONSTRUCTION OF PREMISES. Landlord will, at its sole expense, perform all work specified to be performed by Landlord more specifically set forth in Exhibit "B" attached hereto and entitled "Landlord's Improvements". Tenant will at its sole expense perform all other work necessary to complete the premises for its business purposes including, without limitation, the work specified to be performed by Tenant more particularly described in Exhibit "C" attached hereto as "Tenant's Improvements"; provided however, all of Tenant's work shall be performed by licensed contractors acceptable to Landlord, in accordance with its final plans, specifications and drawings furnished to Landlord, which shall be in compliance with all laws, including applicable building and zoning codes.
CONSTRUCTION OF PREMISES. Landlord shall exercise reasonable efforts to substantially complete the work specified in Landlord’s Plans (“Landlord’s Initial Construction”) necessary to prepare the Premises for Tenant’s occupancy on or before the Estimated Term Commencement Date specified in Section 1.1 of this Lease, subject to Tenant’s Delays (as hereinafter defined) and Force Majeure, as such term is defined in Section 4.2 of this Lease.
CONSTRUCTION OF PREMISES. To the extent possible, Landlord shall make available to Tenant the benefits of all warranties and guarantees obtained from contractors, subcontractors, suppliers and manufacturers in connection with the construction and subsequent alteration and repair of the Premises and appurtenances.
CONSTRUCTION OF PREMISES. As promptly as may be reasonably possible, subject to delays arising from causes beyond Landlord's reasonable control, Landlord shall commence and complete such work ("Landlord's Work"), if any, as shall be necessary to complete the construction of the Premises in conformity with the description of Landlord's Work set forth in Exhibit "D" attached hereto. Landlord's Work in the Premises shall be in conformity with Exhibit "D," and Landlord's Work shall be deemed approved by Tenant in all respects when Tenant occupies the Premises, except as to items which are not completed or do not conform to Exhibit "D" and as to which Tenant shall give Landlord written notice of Tenants reasonable disapproval within fifteen (15) days after Tenant occupies the Premises. It is acknowledged and agreed that there shall be no Landlord's Work with respect to the Premises except as set forth in Exhibit "D."
CONSTRUCTION OF PREMISES. 6 SECTION 5.01
CONSTRUCTION OF PREMISES. 1 Section 1.04 Use and Conduct of Business. . . . . . . . . . . . . . . . .1
CONSTRUCTION OF PREMISES. Tenant shall cause the Premises to be improved with improvements (the "IMPROVEMENTS") in accordance with the Work Letter (defined as the "BUILDING IMPROVEMENTS" in the Work Letter) and, subject to Force Majeure (as defined herein), to the extent provided herein and within the time(s) set forth in the Work Letter. The Improvements are to be used as a first-class athletic club facility (the "CLUB") more particularly described in Article 8 hereof. The design of the Improvements shall be subject to Landlord's approval, as provided in the Work Letter. In accordance with the terms of the Work Letter, Landlord shall provide Tenant with a contribution in an amount not to exceed Nine Million Five Hundred Thousand and 00/100 Dollars ($9,500,000.00) (the "LANDLORD'S CONTRIBUTION" and/or the "ALLOWANCE"). Tenant shall equip the Club with all required Trade Fixtures (as defined herein) as may be necessary to operate the Club in accordance with Section 8.1 hereof. Title to the Improvements and all alterations and additions thereto and replacements thereof (other than Trade Fixtures) thereafter constructed or installed on the Premises shall be and remain in Landlord. All Trade Fixtures, however, shall remain Tenant's property, subject to permitted customary third (3rd) party financing subject to and in accordance with Section 46 hereof, upon the expiration or earlier termination of this Lease; provided, however, Tenant shall not have
CONSTRUCTION OF PREMISES. 2.2.1 Landlord shall perform the work and make the installations in the Premises substantially as set forth in the Work Letter (the "Landlord's Work"). Landlord's Work shall be performed by a general contractor as provided in the Work Letter. Other than Landlord's Work as described in the Work Letter, Landlord has no obligation to improve, alter, repair or remodel the Premises. All such installations shall immediately become and remain the property of Landlord.
2.2.2 If Landlord shall be unable to give possession of the Premises on the Projected Commencement Date by reason of the fact that the Premises is not Substantially Complete, or for any other reason, any such delay resulting therefrom shall be deemed excused and Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, except to the extent such delay results from Tenant Delay (as defined in the Work Letter) or is otherwise caused by activities of Tenant, its agents, its representatives or its contractors at the Project, neither the Term nor Tenant's obligation to pay Monthly Installments (as defined below) shall commence until possession of the premises is given or the Premises is available for occupancy by Tenant, as fixed in a notice given by Landlord to Tenant. No such failure to give possession on the Commencement Date shall in any way affect or impair the validity of this Lease or the obligations of Tenant hereunder, nor shall the same be construed in any way to extend the Expiration Date.
2.2.3 Tenant shall have the right to enter into possession of and occupy all or any portion of the Premises prior to the Commencement Date, provided that Tenant first requests Landlord's permission adequately in advance of the proposed entry and provided that Tenant's entry in Landlord's opinion will not (i) delay the completion of Landlord's Work; (ii) interfere with or cause any delay in Landlord's Work; (iii) violate any applicable laws or regulations; or (iv) jeopardize any insurance maintained in connection with the Premises or Project or increase the premiums with respect thereto. If Tenant enters into the possession of and occupies all or any portion of the Premises prior to the Commencement Date to conduct its business operations, as contracted to and subject to entry for the limited purpose of Fixturing in accordance with the Work Letter, such occupancy shall be deemed to be under all the terms, covenants, conditions, provisions, and agr...
CONSTRUCTION OF PREMISES. The Premises will be delivered to Tenant substantially in accordance with the floor plan layout attached hereto as Exhibit "B", reflecting the basic layout desired by Tenant with Tenant desired modifications.
