Construction of Leased Premises. (a) The Landlord will complete the work designated as "Landlord's Work" in accordance with the provisions of Schedule "C". (b) Notwithstanding anything contained in this Section 2.4, the Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical work to be done with respect to the Leased Premises by or on behalf of the Tenant shall be carried out by the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent. (c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall: (i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and (ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Lease. (d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding. (e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease. (f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Sources: Industrial Lease (Iron Age Corp)
Construction of Leased Premises. 1. Landlord shall, at its expense, improve the Leased Premises by constructing therein office premises (athe "Project") The Landlord will complete the work designated as "Landlord's Work" in accordance with the provisions plans and specifications. It is expressly understood and agreed that notwithstanding Tenant's approval of Schedule "C"the Plans and Specifications, Tenant shall have no liability whatsoever for any defects, errors or omissions in the documentation furnished by it to Landlord or as a result of its approval of the Plans and Specifications prepared by Landlord's architect.
(b) Notwithstanding anything contained 2. Promptly after execution of this Lease, Landlord shall make application for all required permits from the appropriate governmental authorities having jurisdiction over the Leased Premises for the construction of the Project and thereafter Landlord shall diligently pursue the same and use its good faith efforts to secure such permits. After Landlord has obtained necessary permits, Landlord shall promptly commence and shall diligently proceed with the construction of the Project in this Section 2.4, order to complete the Landlord may upon reasonable notice same at the earliest possible date consistent with sound construction practices. No changes shall be made to the Tenant require Plans and Specifications or the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical construction work to be performed by Landlord without the written approval of Landlord and Tenant, which approval shall specify without limitation any additional cost and the effect of such change on the completion date. Tenant shall advise Landlord in writing of the name of its designated represen-tative for the purpose of granting such approvals as are necessary, and Tenant shall have the right to change such representative from time to time upon written notice to Landlord.
3. Landlord's work on account of construction of the Project shall be done in a good and workmanlike manner in compliance with respect the Plans and Specifications and all building codes and regulations. Landlord shall keep Tenant informed on a regular basis (but no less often than monthly) as to the progress of construction and Tenant shall at all times have access to the work and the Plans and Specifications to inspect and review the same, provided that any inspection or entry by Tenant shall not unreasonably interfere with or unduly delay Landlord's construction work, and Tenant waives all claims against Landlord for personal injury or property damage, and indemnifies and holds Landlord harmless from all claims, liabilities, damages and expenses (including reasonable attorneys' fees), resulting from any such inspection or entry except to the extent due to the negligence or willful misconduct of Landlord, its agents, employees or contractors. Landlord covenants that upon completion of such construction work, the Leased Premises by or on behalf of the Tenant shall be carried out by the Landlord's contractors in compliance with all laws, codes and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent.
ordinances. Within thirty (c) The Landlord shall give the Tenant at least fifteen (1530) days prior written notice following delivery of the date upon which possession of the Leased Premises will be available to Tenant, Tenant may inspect the Tenant same and generate a punch list of those portions of the work which, in Tenant's reasonable estimation, are incomplete or not substantially in conformance with the Landlord's Work substantially completed Plans and Specifications, and Landlord shall complete or completed to remedy the extent that same within a reasonable time following the Tenant's Work can be performed by receipt of such list. Further, Landlord shall promptly correct, repair and/or replace any defective workmanship and/or material in the Project of which Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period notifies Landlord within one (being the period referred to in Paragraph (b1) of the Special Provisions), enter upon and take year after possession of the Leased Premises is delivered to Tenant, and Landlord shall correct, repair and/or replace any latent defects in the Project. Landlord agrees that any guarantees or warranties received by Landlord from the general contractor and any subcontractor, supplier or materialmen with respect to the construction of the Project shall be assigned to Tenant, and Landlord shall, upon demand from the Tenant, join with Tenant in enforcing the same.
4. Landlord shall give Tenant written notice upon completion of construction of the Project accompanied by (i) a certificate from Landlord's architect certifying that the Leased Premises have been completed in accordance with the Plans and Specifications and (ii) an occupancy permit for occupancy of the Leased Premises. Landlord agrees that during the course of constructing the Project on the Leased Premises, Tenant may enter the same for the purpose of completing the Tenant's Work, in common with the Landlord installing its fixtures and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors equipment to whatever extent it may be practical so to do their work so as not to interfere without interfering with the Landlord's contractors and employees in the completion of the Landlord's WorkProject and without being guilty of or liable for trespass, and
(ii) be bound by all of the termsrent, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant use or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Leaseoccupancy.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Construction of Leased Premises. (a) The Landlord will complete Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B).
(b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "“Tenant’s Work.” ▇▇▇▇▇▇ agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord's Work" , then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without ▇▇▇▇▇▇▇▇’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that ▇▇▇▇▇▇’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by ▇▇▇▇▇▇ to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".Exhibit B.
(bc) Notwithstanding anything contained in Upon execution of this Section 2.4Lease, the Tenant shall pay to Landlord, as a reimbursement to Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical for costs and electrical work to be done expenses with respect to the Leased Premises Premises, the sum set forth in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by or on behalf of the Tenant shall be carried out by not in any manner reduce or limit the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the obligation of Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice for payment of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shallother charges under this Lease, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished charges set forth in the Exhibits attached hereto. Notwithstanding anything to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable contrary contained in accordance with the terms of this Lease.
(d, in the event that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) If there is a dispute as due to (i) completion Tenant’s particular manner of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area use of the Leased Premises, then Tenant shall reimburse Landlord the opinion actual amount of the Landlord's Architect will be final and binding.
(eimpact fee(s) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects incurred within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they said fees are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Leasedue.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Construction of Leased Premises. (a) The Landlord will complete Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). S6 COMMON AREA CHARGE
(b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "““Tenant’’s Work.”” Tenant agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord's Work" , then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without ▇▇▇▇▇▇▇▇’’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or ▇▇▇▇▇▇▇▇’’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following ▇▇▇▇▇▇▇▇’’s approval of ▇▇▇▇▇▇’’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until ▇▇▇▇▇▇’’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that Tenant’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an ““as is”” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by ▇▇▇▇▇▇ to completely remodel and refurbish the Leased Premises and, subject to Landlord’’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".Exhibit B.
(bc) Notwithstanding anything contained in Upon execution of this Section 2.4Lease, the Tenant shall pay to Landlord, as a reimbursement to Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical for costs and electrical work to be done expenses with respect to the Leased Premises Premises, the sum set forth in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by or on behalf of the Tenant shall be carried out by not in any manner reduce or limit the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the obligation of Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice for payment of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shallother charges under this Lease, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished charges set forth in the Exhibits attached hereto. Notwithstanding anything to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable contrary contained in accordance with the terms of this Lease.
(d, in the event that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) If there is a dispute as due to (i) completion Tenant’s particular manner of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area use of the Leased Premises, then Tenant shall reimburse Landlord the opinion actual amount of the Landlord's Architect will be final and binding.
(eimpact fee(s) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects incurred within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they said fees are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Leasedue.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Construction of Leased Premises. (a) The Landlord will complete Lessor shall construct the work designated as "Landlord's Work" leased premises substantially in accordance with the provisions of Schedule standards set forth on Exhibit B attached hereto ("CLessor's Work"). Tenant shall commence and complete Tenant's Work, substantially in accordance with the standards set forth on Exhibit C attached hereto, and in accordance with the following provisions:
(a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto.
(b) Notwithstanding anything contained Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval.
(c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications.
(d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this Section 2.4requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the Landlord may upon reasonable notice to sole cost and expense of Tenant. Tenant may, with the Tenant require the Tenant to perform parts written consent of the Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the Landlorddirection of Lessor or Lessor's construction manager.
(e) Lessor or its representatives shall be allowed to inspect Tenant's Work in any case where process, and in the nature or state of all work is such that the Landlord considers event it necessary or desirable fails to do so. The Landlord may require that all mechanical and electrical work to be done with respect conform to the Leased Premises by or on behalf of approved plans and specifications, Lessor shall have the Tenant shall be carried out by the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant right to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the stop Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance require strict compliance with the terms of this Lease.
(df) If there is a dispute as to (i) Tenant shall obtain all necessary approvals and permits required for completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promiseand shall comply fully with all applicable laws, representation or undertaking by or binding upon ordinances, codes and other governmental requirements and regulations pertaining thereto and with the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation requirements of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Leasefire underwriters.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Sources: Lease Agreement (Security Associates International Inc)
Construction of Leased Premises. (a) The Landlord will complete Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). S6 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE
(b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "“Tenant’s Work.” ▇▇▇▇▇▇ agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord's Work" , then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without ▇▇▇▇▇▇▇▇’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that ▇▇▇▇▇▇’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by ▇▇▇▇▇▇ to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".Exhibit B.
(bc) Notwithstanding anything contained in Upon execution of this Section 2.4Lease, the Tenant shall pay to Landlord, as a reimbursement to Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical for costs and electrical work to be done expenses with respect to the Leased Premises Premises, the sum set forth in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by or on behalf of the Tenant shall be carried out by not in any manner reduce or limit the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the obligation of Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice for payment of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shallother charges under this Lease, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished charges set forth in the Exhibits attached hereto. Notwithstanding anything to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable contrary contained in accordance with the terms of this Lease.
(d, in the event that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) If there is a dispute as due to (i) completion Tenant’s particular manner of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area use of the Leased Premises, then Tenant shall reimburse Landlord the opinion actual amount of the Landlord's Architect will be final and binding.
(eimpact fee(s) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects incurred within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they said fees are in good order and that the Landlord's Work has been satisfactorily completeddue. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.S7 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE
Appears in 1 contract
Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Construction of Leased Premises. (a) The Landlord will complete shall, subject to the work designated as "Landlord's Work" terms and conditions of this Lease Agreement, at its own cost and expense cause the Building to be completed and the Premises to be built and completed substantially in accordance with Landlord's Work as shown on Exhibit B. The Premises shall be constructed in a good and workmanlike manner. Landlord warrants that the provisions improvements to the Premises will be constructed with new materials of Schedule "C"good quality and in accordance with all currently existing laws, ordinances and statutes of the municipal or State governments.
(b) Notwithstanding anything contained Possession of the Premises completed in this Section 2.4accordance with Landlord's Work, shall be delivered not later than July 1, 1997, unless construction is delayed for causes beyond Landlord's control, including delays in decision sign-offs by Tenant. In that event the Landlord may upon reasonable notice time fixed to complete and deliver the Premises shall be extended for a grace period equivalent to the Tenant require the Tenant to perform parts time lost by reason of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical work to be done with respect to the Leased Premises by or on behalf of the delay, after which Tenant shall be carried out by have the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rentoption of terminating this Lease.
(c) The Landlord Landlord, at no charge to Tenant, shall give allow Tenant early entrance on the Tenant at least fifteen (15) days prior written notice Premises only to prepare the Premises for installation of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by fixtures and equipment and for no other purpose. Prior to entering the Tenant in conjunction with the Landlord's Work. The Tenant shallPremises, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Workinstalling its fixtures and equipment, Tenant shall obtain written consent of Landlord, which consent shall not be unreasonably withheld. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an employee of Landlord, is hereby designated by Landlord as building liaison to Tenant during its initial move-in common with the and occupancy. Tenant shall obey all reasonable restrictions of Landlord and shall prepare the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work Premises in a manner so as not to interfere with the Landlord's contractors and employees in the completion construction of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this LeasePremises.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Construction of Leased Premises. (a) The Landlord will complete leased premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such panty in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-I. Minor changes from any plans or specifications covering Landlord's Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or leased premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the leased premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B).
(b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant's sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "Tenant's Work." Tenant agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the leased premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by the Landlord, shall be made by Tenant without Landlord's Workprior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Tenant shall not open the leased premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant's final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the leased premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord's approval of Tenant's final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant shall have the right to declare this Lease null and void and of no further force or effect and, thereafter may demise and lease the premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant's storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VJI. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the leased premises shall have been previously occupied, Tenant acknowledges that the Tenant's Work described in Exhibit B has been initially performed by a tenant previously occupying the leased premises and that Tenant accepts the leased premises in an "as is" condition without representation by the Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Tenant to completely remodel and refurbish the leased premises and, subject to Landlord's approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".Exhibit B.
(bc) Notwithstanding anything contained in Upon execution of this Section 2.4Lease, the Tenant shall pay to Landlord, as a reimbursement to Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical for costs and electrical work to be done expenses with respect to the Leased Premises leased premises, the sum set forth in the Data Sheet as "Tenant Reimbursement to Landlord." The payment of such sum by or on behalf of the Tenant shall be carried out by not in any manner reduce or limit the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the obligation of Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice for payment of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shallother charges under this Lease, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Lease.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly charges set forth in this Leasethe Exhibits attached hereto.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
Appears in 1 contract
Sources: Lease Agreement (Play Co Toys & Entertainment Corp)
Construction of Leased Premises. (a) The Landlord will complete leased premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1, if any. Minor changes from any plans or specifications covering Landlord's Work which may be, or which may have been, necessary or appropriate during construction of the Development or leased premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the entertainment and retail center or if the leased premises are in an expansion wing of the entertainment and retail center which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). SEE ATTACHED RIDERS FOR INSERTS Tenant agrees, prior to the commencement of the term of this Lease, at Tenant's sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "Tenant's Work." Tenant agrees to furnish to Landlord the Preliminary Plans and Final Plans (and Demolition Drawings, as applicable) with respect to the leased premises prepared in the manner and within the time periods required in Exhibit B. If such Preliminary Plans and Final Plans (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon either Preliminary Plans or Final Plans (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by the Landlord, shall be made by Tenant without Landlord's Workprior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the leased premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant's Final Plans (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the leased premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord's approval of Tenant's Final Plans (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the premises described in Section 1.1 free from any rights of Tenant. Tenant shall not open its store for business until Tenant's storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the entertainment and retail center), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the leased premises shall have been previously occupied, Tenant acknowledges that the Tenant's Work described in Exhibit B has been initially performed by a tenant previously occupying the leased premises and that Tenant accepts the leased premises in an "as is" condition without representation by the Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Preliminary Plans and Final Plans and Demolition Drawings showing the work to be performed by Tenant to completely remodel and refurbish the leased premises and, subject to Landlord's approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".
(b) Notwithstanding anything contained in this Section 2.4, the Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical work to be done with respect to the Leased Premises by or on behalf of the Tenant shall be carried out by the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Lease.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.Exhibit B. SEE ATTACHED RIDERS FOR INSERTS
Appears in 1 contract
Sources: Lease (Hart Industries Inc)
Construction of Leased Premises. (a) The Landlord will complete the work designated as "Landlord's Work" in accordance with the provisions of Schedule "C".
(b) Notwithstanding anything contained in this Section 2.4, the Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical work to be done with respect to the Leased Premises by or on behalf of the Tenant shall be carried out by the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period (being the period referred to in Paragraph (b) Section 1.2 of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Lease.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area or the Rentable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work Work, if any, has been satisfactorily completed. There is no promise, representation or undertaking by 6 or binding upon the Landlord with respect to any an alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
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Construction of Leased Premises. (a) The Landlord will complete Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work designated to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B).
(b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "“Tenant’s Work.” ▇▇▇▇▇▇ agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord's Work" , then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without ▇▇▇▇▇▇▇▇’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that ▇▇▇▇▇▇’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by ▇▇▇▇▇▇ to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Schedule "C".Exhibit B. S7 COMMON AREA CHARGE
(bc) Notwithstanding anything contained in Upon execution of this Section 2.4Lease, the Tenant shall pay to Landlord, as a reimbursement to Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical for costs and electrical work to be done expenses with respect to the Leased Premises Premises, the sum set forth in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by or on behalf of the Tenant shall be carried out by not in any manner reduce or limit the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the obligation of Tenant to the Landlord upon demand as Additional Rent.
(c) The Landlord shall give the Tenant at least fifteen (15) days prior written notice for payment of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work. The Tenant shallother charges under this Lease, during the Fixturing Period (being the period referred to in Paragraph (b) of the Special Provisions), enter upon and take possession of the Leased Premises for the purpose of completing the Tenant's Work, in common with the Landlord and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and
(ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished charges set forth in the Exhibits attached hereto. Notwithstanding anything to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable contrary contained in accordance with the terms of this Lease.
(d, in the event that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) If there is a dispute as due to (i) completion Tenant’s particular manner of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area use of the Leased Premises, then Tenant shall reimburse Landlord the opinion actual amount of the Landlord's Architect will be final and binding.
(eimpact fee(s) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects incurred within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they said fees are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Leasedue.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
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Construction of Leased Premises. 1. Landlord shall, at its expense, improve the Leased Premises by constructing therein an office building (athe "Project") The Landlord will complete the work designated as "Landlord's Work" in accordance with the provisions plans and specifications identified and described on Exhibit B attached hereto (the "Plans and Specifications"). It is expressly understood and agreed that notwithstanding Tenant's approval of Schedule "C"the Plans and Specifications, Tenant shall have no liability whatsoever for any defects, errors or omissions in the documentation furnished by it to Landlord or as a result of its approval of the Plans and Specifications prepared by Landlord's architect.
(b) Notwithstanding anything contained 2. Promptly after execution of this Lease, Landlord shall make application for all required permits from the appropriate governmental authorities having jurisdiction over the Leased Premises for the construction of the Project and thereafter Landlord shall diligently pursue the same and use its good faith efforts to secure such permits. After Landlord has obtained necessary permits, Landlord shall promptly commence and shall diligently proceed with the construction of the Project in this Section 2.4, order to complete the Landlord may upon reasonable notice same at the earliest possible date consistent with sound construction practices. No changes shall be made to the Tenant require Plans and Specifications or the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical construction work to be performed by Landlord without the written approval of Landlord and Tenant, which approval shall specify without limitation any additional cost and the effect of such change on the completion date. Tenant shall advise Landlord in writing of the name of its designated representative for the purpose of granting such approvals as are necessary, and Tenant shall have the right to change such representative from time to time upon written notice to Landlord.
3. Landlord's work on account of construction of the Project shall be done in a good and workmanlike manner in compliance with respect the Plans and Specifications and all building codes and regulations. Landlord shall keep Tenant informed on a regular basis (but no less often than monthly) as to the progress of construction and Tenant shall at all times have access to the work and the Plans and Specifications to inspect and review the same, provided that any inspection or entry by Tenant shall not unreasonably interfere with or unduly delay Landlord's construction work, and Tenant waives all claims against Landlord for personal injury or property damage, and indemnifies and holds Landlord harmless from all claims, liabilities, damages and expenses (including reasonable attorneys' fees), resulting from any such inspection or entry except to the extent due to the negligence or willful misconduct of Landlord, its agents, employees or contractors. Landlord covenants that upon completion of such construction work, the Leased Premises by or on behalf of the Tenant shall be carried out by the Landlord's contractors in compliance with all laws, codes and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent.
ordinances. Within thirty (c) The Landlord shall give the Tenant at least fifteen (1530) days prior written notice following delivery of the date upon which possession of the Leased Premises will be available to Tenant, Tenant may inspect the Tenant same and generate a punch list of those portions of the work which, in Tenant's reasonable estimation, are incomplete or not substantially in conformance with the Landlord's Work substantially completed Plans and Specifications, and Landlord shall complete or completed to remedy the extent that same within a reasonable time following the Tenant's Work can be performed by receipt of such list. Further, Landlord shall promptly correct, repair and/or replace any defective workmanship and/or material in the Project of which Tenant in conjunction with the Landlord's Work. The Tenant shall, during the Fixturing Period notifies Landlord within one (being the period referred to in Paragraph (b1) of the Special Provisions), enter upon and take year after possession of the Leased Premises is delivered to Tenant, and Landlord shall correct, repair and/or replace any latent defects in the Project. Landlord agrees that any guarantees or warranties received by Landlord from the general contractor and any subcontractor, supplier or materialmen with respect to the construction of the Project shall be assigned to Tenant, and Landlord shall, upon demand from the Tenant, join with Tenant in enforcing the same.
4. Landlord shall give Tenant written notice upon completion of construction of the Project accompanied by (i) a certificate from Landlord's architect certifying that the Leased Premises have been completed in accordance with the Plans and Specifications and (ii) an occupancy permit for occupancy of the Leased Premises. Landlord agrees that during the course of constructing the Project on the Leased Premises, Tenant may enter the same for the purpose of completing the Tenant's Work, in common with the Landlord installing its fixtures and the Landlord's contractors and employees. During the Fixturing Period, the Tenant shall:
(i) perform the Tenant's Work and cause its employees and contractors equipment to whatever extent it may be practical so to do their work so as not to interfere without interfering with the Landlord's contractors and employees in the completion of the Landlord's WorkProject and without being guilty of or liable for trespass, and
(ii) be bound by all of the termsrent, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant use or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Leaseoccupancy.
(d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding.
(e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease.
(f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall and does hereby release the Landlord from all costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for whom it is at law responsible. See Rider 1. See Rider 2.
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