Common use of Construction of Alterations Clause in Contracts

Construction of Alterations. All alterations, additions and improvements permitted under this Section 8.5 shall be constructed diligently, in a good and workmanlike manner with new or like-new, good and sufficient materials and in compliance with all applicable laws, ordinances, rules and regulations (including, without limitation, building codes and those related to accessibility and use by individuals with disabilities) and in accordance with Landlord’s construction rules attached hereto as Exhibit E. Installation by or on behalf of Tenant, prior to the Commencement Date or during the Term of this Lease, of conduits, electrical wires, and telephone, data or video cables in the vertical shafts, horizontal raceways, electrical closets and telephone closets of the Building or other Common Areas of the Building designed for the installation of such conduits, electrical wires and cables shall be subject to such regulations and conditions as Landlord may from time to time reasonably impose. Tenant shall, promptly upon completion of the work, furnish Landlord with “as built” drawings for any alterations, additions or improvements performed under this Section 8.5. If any alterations, additions or improvements which Tenant causes to be constructed in the Premises result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable laws, ordinances or regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements (provided that Tenant shall not be required to reimburse Landlord for the costs of Excused Work, as defined in Section 6.6). Except to the extent otherwise specifically agreed by Landlord in writing, in the event any alterations or additions to the Premises are performed by Landlord hereunder, Landlord shall be entitled to charge Tenant a seven percent (7%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to commencement of the work.

Construction of Alterations. All alterations, additions and improvements permitted under this Section 8.5 work in connection with any Alteration shall be constructed diligently, performed diligently and in a good and first-class workmanlike manner with new or like-new, good and sufficient materials and in compliance accordance with plans and specifications approved by Landlord, and shall comply with all applicable lawslaws (including laws regarding asbestos, ordinancesif applicable) and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, rules entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor shall be subject to Landlord's prior approval, as provided above, and regulations (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, building codes and those related moveable partitions that are affixed to accessibility and use by individuals with disabilitiesthe Premises (but excluding moveable, free standing partitions) and in accordance with Landlord’s construction rules attached hereto as Exhibit E. Installation by or on behalf of Tenantall carpeting, prior to the Commencement Date or during the Term of this Lease, of conduits, electrical wires, and telephone, data or video cables in the vertical shafts, horizontal raceways, electrical closets and telephone closets shall at once become part of the Building or other Common Areas and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the Building designed for date the installation construction of such conduits, electrical wires and cables shall be subject the Alteration is to such regulations and conditions as commence. Landlord may from time post and record an appropriate notice of nonresponsibility with respect to time reasonably impose. Tenant shall, promptly upon completion of the work, furnish Landlord with “as built” drawings for any alterations, additions or improvements performed under this Section 8.5. If any alterations, additions or improvements which Tenant causes to be constructed in the Premises result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable laws, ordinances or regulations, then Alteration and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred maintain any such notices posted by Landlord in making such alterations and/or improvements (provided that Tenant shall not be required to reimburse Landlord for or on the costs of Excused Work, as defined in Section 6.6). Except to the extent otherwise specifically agreed by Landlord in writing, in the event any alterations or additions to the Premises are performed by Landlord hereunder, Landlord shall be entitled to charge Tenant a seven percent (7%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to commencement of the workPremises.