COMPLETION OF THE PREMISES. a. Landlord shall, at its sole cost and expense, except as otherwise provided below, furnish and install within the Premises those improvements, if any, to be provided by Landlord, more fully described in Exhibit "C" attached hereto and incorporated herein by this reference ("Landlord's Work"). The Premises shall be deemed "Ready for Occupancy" on the date on which Tenant receives Landlord's certificate that the work described in Exhibit "C," together with the common facilities for access and service to the Premises, has been substantially completed, except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Tenant's use of the Premises (i.e., so-called "punch list" items). However, it is expressly understood by the parties that "Ready for Occupancy" does not include the completion of a telephone system in the Premises. Promptly following the tendering of possession of the Premises to Tenant by Landlord, Tenant shall countersign and return to Landlord an Acceptance and Statement of Premises and Term which will be signed and sent by Landlord to Tenant and which will be in the form of letter attached hereto as Exhibit "D" and incorporated herein by this reference. Tenant's countersignature of said letter shall be Tenant's agreement on the Commencement Date and termination date of this Lease and Tenant's acceptance of the Premises in its "as is condition, Tenant thereby agreeing that Landlord has fulfilled its obligations pursuant to the provisions of this Paragraph 7. Upon such tendering of possession, Tenant agrees to proceed with all due diligence with Tenant's Work and with the installation of its fixtures and equipment. b. All work which does not constitute Landlord's Work, such as tenant improvements constructed by Tenant or the furnishing and installing of furniture, wall covering, cabinets, molding, telephone equipment and wiring, office and computer equipment, etc., shall be furnished and installed by Tenant or at Tenant's expense ("Tenant's Work") in accordance with Exhibit "C," this Paragraph 7, and Paragraph 12. Tenant shall adopt a schedule in conformance with the schedule of Landlord's contractors and conduct its work in such a manner as to maintain harmonious labor relations and as not to unreasonably interfere with or delay the work of Landlord or its contractors. Tenant's contractors, subcontractors, and labor shall be subject to the approval of Landlord and shall be subject to the administrative supervision of Landlord's general contractor. Contractors or subcontractors engaged by Tenant shall employ men and means to insure as far as may be possible the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay, including using union labor if requested by Landlord or by Landlord's general contractor. Landlord shall give access and entry to the Premises to Tenant and its contractors and subcontractors and reasonable opportunity, time and use of the Building facilities (including loading platforms, lifts and freight elevators, facilities for storage and protection of material and all other facilities available to subcontractors of Landlords general contractor to the same extend and upon the same terms and conditions as such facilities are available to the subcontractors or Landlord's general contractor) to enable Tenant to adapt the Premises for Tenant's use, provided Tenant is in compliance with the provisions of Paragraph 6 above. Tenant, its contractors and/or subcontractors shall pay the costs, if any, for the use of said Building facilities with the understanding that any such costs shall be agreed to before said Building facilities are so used. Tenant further agrees to reimburse Landlord for any costs incurred by Landlord for clean-up or damage to the Building caused by Tenant, its contractors or subcontractors. c. The costs of all working drawings of any kind for items of Landlord's Work to be done in accordance with Exhibit C shall be provided at Landlord's sole cost and any modifications to such Landlord's Work, plans or any changes to the final plans and specifications requested by Tenant and approved by Landlord hereto shall be paid for by Tenant. In order for Landlord to accomplish the necessary construction required to complete the Premises, including Landlord's Work described above as well as any additional construction work required by Tenant, if any, Tenant shall, in accordance with Exhibit "C," furnish to Landlord, in writing, full and complete information required to complete such construction, d. All work done by Tenant pursuant to this Paragraph shall be done in good and workmanlike manner and in compliance with all applicable legal requirements and shall be compatible with the design, construction and equipment of the Building. e. Landlord and Tenant shall cooperate in the scheduling and construction of their respective work, and Tenant will not do anything nor fail to do anything that will cause any increase in the construction or operating cost of the Building. f. If Tenant shall cause any delay in the construction of the Premises, whether by reason of any failure by Tenant to comply with the applicable time schedule set forth in Exhibit "C" or by Tenant's requirement of materials or installations different from those provided in approved plans and specification for Landlord's Work, or by delays in performance or completion by a party employed by Tenant, or by reason of building code problems arising from Tenant's design of its tenant improvements, or by reason of changes in the work ordered by Tenant, then notwithstanding the provisions of this Lease relating to the Term and notwithstanding anything to the contrary contained in Exhibit "C," the Commencement Date shall be the date which Landlord, in its sole discretion, determines could have been expected to be the Commencement Date but for such delay.
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COMPLETION OF THE PREMISES. a. Landlord shall, at its sole cost and expense, except as otherwise provided below, furnish and install within the Premises those improvements, if any, to be provided by Landlord, more fully described 3.1 All work involved in Exhibit "C" attached hereto and incorporated herein by this reference ("Landlord's Work"). The Premises shall be deemed "Ready for Occupancy" on the date on which Tenant receives Landlord's certificate that the work described in Exhibit "C," together with the common facilities for access and service to the Premises, has been substantially completed, except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Tenant's use of the Premises (i.e., so-called "punch list" items). However, it is expressly understood by the parties that "Ready for Occupancy" does not include the completion of a telephone system in the Premises. Promptly following the tendering of possession of the Premises to Tenant by Landlord, Tenant shall countersign and return to Landlord an Acceptance and Statement of Premises and Term which will be signed and sent by Landlord to Tenant and which will be in the form of letter attached hereto as Exhibit "D" and incorporated herein by this reference. Tenant's countersignature of said letter shall be Tenant's agreement on the Commencement Date and termination date of this Lease and Tenant's acceptance of the Premises in its "as is condition, Tenant thereby agreeing that Landlord has fulfilled its obligations pursuant to the provisions of this Paragraph 7. Upon such tendering of possession, Tenant agrees to proceed with all due diligence with Tenant's Lessor’s Work and with the installation of its fixtures and equipment.
b. All work which does not constitute Landlord's Work, such as tenant improvements constructed by Tenant or the furnishing and installing of furniture, wall covering, cabinets, molding, telephone equipment and wiring, office and computer equipment, etc., shall be furnished and installed by Tenant or at Tenant's expense ("Tenant's Work") in accordance with Exhibit "C," this Paragraph 7, and Paragraph 12. Tenant shall adopt a schedule in conformance with the schedule of Landlord's contractors and conduct its work in such a manner as to maintain harmonious labor relations and as not to unreasonably interfere with or delay the work of Landlord or its contractors. Tenant's contractors, subcontractors, and labor shall be subject to the approval of Landlord and shall be subject to the administrative supervision of Landlord's general contractor. Contractors or subcontractors engaged by Tenant shall employ men and means to insure as far as may be possible the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay, including using union labor if requested by Landlord or by Landlord's general contractor. Landlord shall give access and entry to the Premises to Tenant and its contractors and subcontractors and reasonable opportunity, time and use of the Building facilities (including loading platforms, lifts and freight elevators, facilities for storage and protection of material and all other facilities available to subcontractors of Landlords general contractor to the same extend and upon the same terms and conditions as such facilities are available to the subcontractors or Landlord's general contractor) to enable Tenant to adapt the Premises for Tenant's use, provided Tenant is in compliance with the provisions of Paragraph 6 above. Tenant, its contractors and/or subcontractors shall pay the costs, if any, for the use of said Building facilities with the understanding that any such costs shall be agreed to before said Building facilities are so used. Tenant further agrees to reimburse Landlord for any costs incurred by Landlord for clean-up or damage to the Building caused by Tenant, its contractors or subcontractors.
c. The costs of all working drawings of any kind for items of Landlord's Work to be done in accordance with Exhibit C shall be provided at Landlord's sole cost and any modifications to such Landlord's Work, plans or any changes to the final plans and specifications requested by Tenant and approved by Landlord hereto Leasehold Improvements shall be paid for by TenantLessor (applying Lessor’s Contribution thereto), and shall be carried out by the Project Contractor in accordance with the Construction Documents and under the sole direction of Lessor. In Lessee shall cooperate with Lessor and Project Contractor to promote the efficient and expeditious completion of such work.
3.2 If there are any changes in the Leasehold Improvements requested by Lessee and if such change requires the issuance of a change order, each such requested change must receive the prior written approval of Lessor, not to be unreasonably withheld. To the extent the change order increases the cost of the Construction Contract, including any costs to Lessor for Landlord architects’ and engineers’ fees, such costs shall be paid for by Lessee; provided however, Lessee shall not be responsible for the cost of any change in the Leasehold Improvements on account of any failure of the Construction Documents to accomplish conform to the necessary construction required Preliminary Plans.
3.3 Under no circumstances whatsoever will Lessee or Lessee’s authorized representative ever alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Central plumbing system, Central electrical system, Central heating, ventilating and air conditioning systems, Central fire protection and fire alert systems, Central building maintenance systems, Central structural systems, elevators and anything located within the Central core of the Building. Only with Lessor’s express written permission and under direct supervision of Lessor or Project Contractor shall Lessee or Lessee’s authorized representative alter, add to complete or modify, or in any manner disturb any Branch of any system or installation of the Building that is located within the Premises, including Landlord's Work described above as well as any additional construction work required by Tenantincluding, if anybut not limited to, Tenant shallBranch plumbing system, in accordance with Exhibit "C," furnish to LandlordBranch electrical system, in writingBranch heating, full ventilating and complete information required to complete such construction,
d. All work done by Tenant pursuant to air conditioning system, and Branch fire protection and alert system (for the purposes of this Paragraph Section 3.2, “Central” shall be done defined as that portion of any Building system or component which is within the core and/or common to and/or serves or exists for the benefit of other tenants in good and workmanlike manner and in compliance with all applicable legal requirements the Building, and shall include without limitation, main fire loops on each floor of the Building and duct work to the VAV box; and “Branch” shall be compatible with defined as that portion of any Building system or component which serves to connect or extend Central systems into the Premises). Lessor shall insure that all design, construction and equipment installation conforms to the requirements of applicable building, plumbing, electrical and fire codes and the Building.
e. Landlord and Tenant shall cooperate in the scheduling and construction requirements of their respective any authority having jurisdiction over or with respect to such work, as such codes and Tenant will not do anything nor fail requirements may from time to do anything that will cause any increase in the construction time be amended, supplemented, changed or operating cost of the Buildinginterpreted.
f. If Tenant shall cause any delay in the construction of the Premises, whether by reason of any failure by Tenant to comply with the applicable time schedule set forth in Exhibit "C" or by Tenant's requirement of materials or installations different from those provided in approved plans and specification for Landlord's Work, or by delays in performance or completion by a party employed by Tenant, or by reason of building code problems arising from Tenant's design of its tenant improvements, or by reason of changes in the work ordered by Tenant, then notwithstanding the provisions of this Lease relating to the Term and notwithstanding anything to the contrary contained in Exhibit "C," the Commencement Date shall be the date which Landlord, in its sole discretion, determines could have been expected to be the Commencement Date but for such delay.
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Sources: Office Lease Agreement (Banctrust Financial Group Inc)