Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.
Appears in 2 contracts
Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Construction of the Tenant Improvements. Construction or installation 3.1 The Leased Premises consists of the entire Building currently leased to Tenant. Tenant is taking the Leased Premises in its “as is” condition subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be performed by a licensed general contractor ▇▇▇▇ ▇▇▇▇▇▇▇▇ and or contractors selected such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to direct the work performed thereunder on the Tenant Improvements using Landlord’s best skill and the obligation of the Tenant’s Contractor to replace defective materials attention, and correct defective workmanship Landlord shall be solely responsible for a period of not less than one (1) year following final completion all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, howeverand that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
(a) Landlord shall be permitted to withhold its consent to complete the Tenant Improvements in a contractor proposed good and workmanlike manner and in substantial accordance with plans and specifications (“Plans”) to be utilized prepared by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsarchitect, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors CUH2A. The Plans shall be required provided to comply with the constructions rules Landlord on or before September 1, 2003 and regulations set forth Exhibit B-1 attached hereto (and shall be in sufficient detail to permit Landlord to apply for a building permit for the Tenant Improvement Improvements (which Landlord shall be required promptly do), and to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in prepare a construction budget for the construction of the Tenant Improvements must be performed (“Construction Budget”). In the event Tenant does not deliver the Plans to Landlord by the Landlord’s Building roofing contractor. All costsdate set forth above, fees and expenses incurred with such contractor in performing such work failure shall not delay the date for the commencement of rent, which shall be a cost of presumed to be the projected Commencement Date set forth in paragraph 2. The Construction Budget shall set forth the lump sum amount payable by Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible to Landlord for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements, which amount shall include Landlord’s standard ▇▇▇▇-up for general conditions, overhead and profit, which total in the aggregate 20%. The only exception to the lump sum amount shall be the actual fees charged by the Township of South Brunswick for construction permits in connection with the Tenant Improvements, which sums shall be paid by Tenant as set forth hereafter. Landlord shall submit the Construction Budget to Tenant for its approval. Tenant specifically agrees shall give written notice to carryLandlord within five business days of receipt, as to whether or cause not the Construction Budget is acceptable. If Tenant does not accept the Construction Budget during such five business day period, then the parties agree to negotiate in good faith to reach an agreement on the Construction Budget. Landlord shall not be obligated to order any equipment or commence work until Tenant has approved the Construction Budget. A complete set of the agreed upon Plans, and the agreed upon Construction Budget, shall be initialed by and distributed to Landlord and Tenant.
(b) Neither the Construction Budget nor the Plans shall be changed or altered in any way except by change order approved in writing by Landlord and Tenant (“Change Order”). All Change Orders shall be valid and binding upon Landlord and Tenant only if authorized by written Change Order signed by Landlord and Tenant’s Contractor Representative prior to carrycommencement of the work on the Tenant Improvements reflected thereby. The cost or credit to the Tenant due to any Change Order shall be determined per the terms of such Change Order. In the event the Change Order increases the cost set forth in the Construction Budget, during all such times as then Landlord shall submit an invoice to Tenant and Tenant shall pay the Tenant’s invoice upon completion of the work or upon the ordering of any equipment, whichever is being performedapplicable. The Landlord shall have the right to substitute for the materials and equipment required by the Plans, materials and equipment of equal quality and standard, provided said substitutions conform with applicable building codes and are the subject of a Change Order.
(a) builderThe Landlord may secure and advance payment for the construction permits and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Tenant Improvements. Tenant shall pay such amounts to Landlord not later than 10 business days after receipt of an invoice therefore. Landlord shall not, however, be responsible for securing any environmental or operating permits or certifications which are required in order for Tenant to actually conduct its business.
(b) Tenant shall be responsible for providing Landlord with, and bearing the cost of sufficient copies of the Plans, and sufficient copies of any revisions made to the Plans, in order to obtain the permits and efficiently manage the construction of the Leased Premises. In the event any Change Orders are required during construction, Tenant shall be responsible for all costs related to the preparation and reproduction of plans therefor, unless the Change Order was solely initiated by Landlord, in which case Landlord shall be responsible for such costs. After construction is complete, Tenant shall be responsible for all costs related to the reproduction of “as built” Plans. In all instances where Plans are required, Tenant shall provide Landlord with a reproducible set. Landlord will also be provided with a current plot file containing the Plans at no cost to Landlord. Tenant agrees to have its Architect execute Exhibit “A” affirming Landlord’s risk completed value insurance right to the Plans.
(a) Tenant shall pay Landlord directly for the construction costs of Tenant Improvements in accordance with the schedule attached hereto as Exhibit “B”. In the event Tenant fails to pay to Landlord any sum set forth on Exhibit “B” when it is due, Landlord shall not be obligated to commence or continue work on the Tenant Improvements. Such failure to pay shall constitute a default under this Lease, but shall not delay the Commencement Date of this Lease, which shall be presumed to be the projected Commencement Date set forth in an amount paragraph 2, or any of Tenant’s obligations hereunder including, without limitation, Tenant’s obligation to pay all Rent. In the event that Tenant fails to pay to Landlord the final sum set forth on Exhibit “B”, such failure shall constitute a default under this Lease; and Tenant shall not less than be permitted to occupy the full replacement cost Leased Premises; and Tenant shall commence payment of all Rent; and Landlord shall be entitled to all rights and remedies available hereunder, at law or in equity, which rights shall be cumulative. All sums so owing to Landlord shall constitute Additional Rent and shall be subject to the imposition of late charges as provided in this Lease.
(b) Apart from extensions of time for delays and extensions of the date for the payment of rent, no payment or allowance of any kind shall be claimed by Tenant, or made to the Landlord as compensation for damages on account of any delay from any cause in the Initial: Landlord completion of the Tenant Improvements, (b) a policy of insurance covering commercial general liabilitywhether such delay be avoidable or unavoidable, anything in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in this Agreement inconsistent herewith or to the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. contrary notwithstanding.
3.5 Tenant shall be responsible for the design and installation of its own phone, data and communication systems which systems shall be installed in a manner not commence to interfere with Landlord’s construction efforts. During construction of Tenant Improvements, a representative of Tenant shall inspect the site no less frequently than once a week and verify and agree that the work in progress has been completed in a manner acceptable to Tenant.
3.6 The Tenant Improvements shall be commenced upon issuance of the building permit by governmental entities having jurisdiction therefor and, subject to authorized adjustments, completion of the Tenant Improvements until Landlord is estimated to be achieved on or about January 15, 2004. As used herein the term “Substantial Completion” shall mean that the Leased Premises have been built and completed in substantial conformity with the Plans, and a temporary or permanent certificate of occupancy or a temporary or permanent certificate of acceptance (“CO/CA”) has been issued permitting Tenant to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlorduse and occupy the Leased Premises, even though minor details, adjustments or punch list items which shall not materially impair Tenant’s construction representative (i) certificates use and enjoyment of the insurance policies described aboveLeased Premises may not have been finally completed, (ii) copies of all permits required for construction but which work Landlord agrees shall be diligently pursued to final completion. Tenant shall allow Landlord and its contractors to enter the Leased Premises during normal working hours after issuance of the Tenant Improvements CO/CA to complete remaining minor work or punch list items, provided Landlord gives advance notice and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract makes reasonable efforts not to interfere with Tenant’s operations. It is agreed that for the Tenant Improvements (a copy purpose of each subsequently signed contract this Lease, wherever and whenever the term Substantial Completion is used, it shall be forwarded to Landlord’s construction representative without request not include items of maintenance, service, punch list, or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantguarantee.
Appears in 2 contracts
Sources: Lease Agreement (Pharmacopeia Inc), Lease Agreement (Ligand Pharmaceuticals Inc)
Construction of the Tenant Improvements. Construction or installation of (a) Tenant shall construct and install the Tenant Improvements shall be performed by in a licensed general contractor or contractors selected by Tenant good and approved by Landlordworkmanlike manner, such approval not to be unreasonably withheld or delayed (the “in compliance with all Laws and in accordance with this Exhibit B. Tenant’s Contractor,” whether one or more)proposed architect/engineer, pursuant general contractor, and fire protection, plumbing, HVAC and electrical subcontractors are subject to a written construction contract negotiated Landlord’s prior approval. Promptly following the selection and entered into by approval of the architect/engineer, Tenant shall forward to said architect/engineer (and between copy Landlord on the transmittal) Landlord’s building standards heretofore delivered to Tenant’s Contractor , and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor cause said architect/engineer to comply with all reasonable rules said building standards. Promptly following the selection and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions approval of the contract whereby the Tenant’s Contractor holds general contractor, Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of shall forward to said general contractor (and a party entitled to enforcecopy Landlord on the transmittal) Landlord’s fire protection, plumbing, HVAC and electrical specifications and Landlord’s rules of conduct, all of the warranties of the Tenant’s Contractor with respect which have been delivered to Tenant prior to the work performed thereunder and the obligation date of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during constructionthis Lease, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required said general contractor to comply with the constructions said specifications and rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1)of conduct. Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the At Landlord’s Building roofing contractor. All costsrequest, fees and expenses incurred with Tenant shall coordinate a meeting among Landlord (who will reasonably make its representative available for such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowancemeeting), in accordance with the provisions of this Exhibit B. Tenant or and Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or general contractor to discuss the Building systems and other utilities used or consumed at the Premises during matters related to the construction of the Tenant Improvements. .
(b) Promptly following the date hereof, Tenant specifically agrees shall prepare and submit to carryLandlord a set of permittable construction drawings (the “CDs”), or cause based on the Tenant’s Contractor preliminary plans attached hereto as Exhibit B-2 and made a part hereof (the “Preliminary Plans”), covering all work to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on be performed by Tenant in constructing the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction have no right to make any Tenant Improvements that would materially alter the exterior appearance of the Building or the Building systems without Landlord’s prior approval. Landlord shall have fifteen (15) days after receipt of the CDs in which to review the CDs and in which to give Tenant Improvements until written notice of its approval of the CDs or its requested changes to the CDs in reasonably sufficient detail so as to allow Tenant to make the requested changes (provided that Landlord has issued shall not be permitted to request a change that is inconsistent with the Preliminary Plans). If Landlord requests any changes to the CDs, Tenant shall make such changes and shall, within fifteen (15) days of its receipt of Landlord’s requested changes (if any), submit the revised portion of the CDs to Landlord. Landlord shall have five (5) business days after receipt of the revised CDs in which to review said revised CDs and in which to give to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates notice of its approval of the insurance policies described aboverevised CDs or its requested changes thereto. This process shall continue until such time, (ii) copies of if at all, that Landlord approves the CDs in accordance with this Section 2. Tenant shall at all permits required for construction times in its preparation of the Tenant Improvements CDs, and a copy of any revisions thereto, act reasonably and in good faith. Landlord shall at all times in its review of the permitted Final Plans as approved by the appropriate governmental agencyCDs, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demandany revisions thereto, promptly after execution thereof act reasonably and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantin good faith.
Appears in 2 contracts
Sources: Lease (Blue Apron Holdings, Inc.), Lease (Blue Apron Holdings, Inc.)
Construction of the Tenant Improvements. Construction or installation Promptly following the Delivery Date, Tenant shall commence permitting and construction of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements shall be performed by a licensed general contractor or contractors selected by constructed in accordance with the Plans and Specifications. Tenant shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements and approved by LandlordTenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, such approval not to if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements shall be unreasonably withheld or delayed subject to, and in compliance with the Union Requirement (the “Tenant’s Contractor,” whether one or moredefined below), and pursuant to a written construction contract negotiated all other terms and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions conditions of the contract whereby the Tenant’s Contractor holds Lease. Landlord shall cooperate with Tenant harmless from (including, without limitation, signing applications for Building Department permits and against any and all claimspath of travel drawings, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in if and to the Building as a result of the work performed or to be performed thereunder (and obligating the extent available) in Tenant’s Contractor efforts to include a substantially similar release obtain any permits and waiver provision certificates of occupancy necessary in all subcontracts and purchase orders entered under or pursuant to connection with the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; providedprovided that, howeverTenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, Landlord including reasonable attorneys’ fees, in connection therewith. Tenant shall be permitted to withhold its consent use the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. The “Union Requirement” shall mean the obligation that the contractors and each subcontractor of every tier used by Tenant specifically agrees to carry, or cause shall for the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, duration of its contract (a) builder’s risk completed value insurance on be a party to or bound by a collective bargaining agreement applicable to the Tenant Improvementsgeographic area in which the Building is located, applicable to the trade or trades in an amount not less than which the full replacement cost work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the Tenant ImprovementsAFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) a policy solely employ members of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed such labor organizations to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any perform work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantwithin their respective traditional jurisdictions.
Appears in 2 contracts
Sources: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Construction of the Tenant Improvements. Construction or installation 3.1 The Leased Premises consists of two existing, contiguous spaces which were previously leased to other tenants. Tenant is taking the Leased Premises in its “as is” condition, subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements in order to ready the same for Tenant’s occupancy. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be performed by a licensed general contractor ▇▇▇▇ ▇▇▇▇▇▇▇▇ or contractors selected such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to direct the work performed thereunder on the Tenant Improvements using Landlord’s best skill and the obligation of the Tenant’s Contractor to replace defective materials attention, and correct defective workmanship Landlord shall be solely responsible for a period of not less than one (1) year following final completion all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, howeverand that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
(a) Landlord shall be permitted to withhold its consent to complete the Tenant Improvements in a contractor proposed good and workmanlike manner and in substantial accordance with plans and specifications (“Plans”) to be utilized prepared by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsarchitect, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors CUH2A. The Plans shall be required provided to comply with the constructions rules Landlord on or before September 1, 2003 and regulations set forth Exhibit B-1 attached hereto (and shall be in sufficient detail to permit Landlord to apply for a building permit for the Tenant Improvement Improvements (which Landlord shall be required promptly do), and to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in prepare a construction budget for the construction of the Tenant Improvements must be performed (“Construction Budget”). In the event Tenant does not deliver the Plans to Landlord by the Landlord’s Building roofing contractor. All costsdate set forth above, fees and expenses incurred with such contractor in performing such work failure shall not delay the date for commencement of the rent, which shall be a cost presumed to be the projected Commencement Date set forth in paragraph 2. The Construction Budget shall set forth the lump sum amount payable by Tenant to Landlord for the construction of the Tenant Improvements (Improvements, which amount shall include Landlord’s standard ▇▇▇▇-up for general conditions, overhead and profit, which total in the aggregate 20%. The only exception to the lump sum amount shall be the actual fees charged by the Township of South Brunswick for construction permits in connection with the Tenant Improvements, which sums shall be paid by Tenant as set forth hereafter. Landlord shall submit the Construction Budget to Tenant for its approval. Tenant shall give written notice to Landlord within five business days of receipt, as to whether or not the Construction Budget is acceptable. If Tenant does not accept the Construction Budget during such cost may five business day period, then the parties agree to negotiate in good faith to reach an agreement on the Construction Budget. Landlord shall not be payable out obligated to order any equipment or commence work until Tenant has approved the Construction Budget. A complete set of the Landlord’s agreed upon Plans, and the agreed upon Construction AllowanceBudget, shall be initialed by and distributed to Landlord and Tenant.
(b) Neither the Construction Budget nor the Plans shall be changed or altered in any way except by change order approved in writing by Landlord and Tenant (“Change Order”), in accordance with the provisions of this Exhibit B. . All Change Orders shall be valid and binding upon Landlord and Tenant or only if authorized by written Change Order signed by Landlord and Tenant’s Contractor Representative prior to commencement of the work on the Tenant Improvements reflected thereby. The cost or credit to the Tenant due to any Change Order shall be determined per the terms of such Change Order. In the event the Change Order increases the cost set forth in the Construction Budget, then Landlord shall submit an invoice to Tenant and Tenant shall pay the invoice upon completion of work or upon the ordering of any equipment, whichever is applicable. The Landlord shall have the right to substitute for the materials and equipment required by the Plans, materials and equipment of equal quality and standard, provided said substitutions conform with applicable building codes and are the subject of a Change Order. Each and every Change Order shall state whether the change will entail a delay in the date of Substantial Completion. Any Change Order requested by Tenant which results in a delay to the date of Substantial Completion shall not delay the date for the commencement of the payment of rent.
(a) The Landlord may secure and advance payment for the construction permits and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Tenant Improvements. Tenant shall pay such amounts to Landlord not later than 10 business days after receipt of an invoice therefore Landlord shall not, however, be responsible for securing any environmental or operating permits or certifications which are required in order for Tenant to actually conduct its business.
(b) Tenant shall be responsible for all waterproviding Landlord with, gasand bearing the cost of sufficient copies of the Plans, electricityand sufficient copies of any revisions made to the Plans, sewer or other utilities used or consumed at in order to obtain the Premises during permits and efficiently manage the construction of the Tenant Improvements. In the event any Change Orders are required during construction, Tenant specifically shall be responsible for all costs related to the preparation and reproduction of plans therefore, unless the Change Order was solely initiated by Landlord, in which case Landlord shall be responsible for such costs. After construction is complete, Tenant shall be responsible for all costs related to the reproduction of “as built” Plans. In all instances where Plans are required, Tenant shall provide Landlord with a reproducible set. Landlord will also be provided with a current plot file containing the Plans at no cost to Landlord. Tenant agrees to carry, or cause have its Architect execute Exhibit “A” affirming Landlord’s right to the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, Plans.
(a) builderTenant shall pay Landlord directly for the construction costs of Tenant Improvements in accordance with the schedule attached hereto as Exhibit “B”. The only exception to Tenant’s risk completed value insurance responsibility to pay for all construction costs shall be for the work necessary to upgrade the existing HVAC reheat system currently in the space previously occupied by Biomira, Inc. (currently known as ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇), which cost is estimated to be $150,000 and will he divided equally between the parties. In the event Tenant fails to pay to Landlord any sum set forth on Exhibit “B” when it is due, Landlord shall not be obligated to commence or continue work on the Tenant Improvements. Such failure to pay shall constitute a default under this Lease, but shall not delay the Commencement Date of this Lease, which shall be presumed to be the projected Commencement Date set forth in an amount not less than paragraph 2; or any of Tenant’s obligations hereunder including, without limitation, Tenant’s obligation to pay all Rent. In the full replacement cost event that Tenant fails to pay to Landlord, upon Substantial Completion of the Tenant Improvements, a sum equal to the remaining balance then due, such failure shall constitute a default under this Lease; and Tenant shall not be permitted to occupy the Leased Premises; and Tenant shall commence payment of all Rent; and Landlord shall be entitled to all rights and remedies available hereunder, at law or in equity, which rights shall be cumulative. All sums so owing to Landlord shall constitute Additional Rent and shall be subject to the imposition of late charges as provided in this Lease.
(b) a policy Apart from extensions of insurance covering commercial general liabilitytime for delays and extensions of the date for the payment of rent, in an amount not less than One Million Dollars ($1,000,000.00)no payment or allowance of any kind shall be claimed by Tenant, combined single limit or made to the Landlord as compensation for bodily injury and property damage per occurrence (and combined single limit coverage damages on account of $2,000,000.00 any delay from any cause in the aggregate)completion of the Tenant Improvements, whether such delay be avoidable or unavoidable, anything in this Agreement inconsistent herewith or to the contrary notwithstanding.
3.5 Tenant shall be responsible for the design and installation of its own phone, data and communication systems which systems shall be installed in a manner not to interfere with Landlord’s construction efforts. During construction of Tenant Improvements, a representative of Tenant shall inspect the site no less frequently than once a week and verify and agree that the work in progress has been completed in a manner acceptable to Tenant.
3.6 The Tenant Improvements shall be commenced upon issuance of the building permit by governmental entities having jurisdiction therefor and, subject to authorized adjustments, Substantial Completion is estimated to be achieved on or about January 15, 2004. As used herein the term “Substantial Completion” shall mean that the Leased Premises have been built and completed in substantial conformity with the Plans, and automobile liability coverage a temporary or permanent certificate of occupancy or a temporary or permanent certificate of acceptance (including owned“CO/CA”) has been issued permitting Tenant to use and occupy the Leased Premises, non-owned and hired vehicles) in an amount even though minor details, adjustments or punch list items which shall not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the materially impair Tenant’s Contractor use and enjoyment of the Leased Premises may not have against Landlordbeen finally completed, but which work Landlord agrees shall be diligently pursued to final completion. Tenant shall not commence construction allow Landlord and its contractors to enter the Leased Premises during normal working hours after issuance of the Tenant Improvements CO/CA to complete remaining minor work or punch list items, provided Landlord gives advance notice and makes reasonable efforts not to interfere with Tenant’s operations. It is agreed that for the purpose of this Lease, wherever and whenever the term Substantial Completion is used, it shall not include items of maintenance, service, punch list, or guarantee. If the date of Substantial Completion occurs on a day other than the first day of a month, rent from such day until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates the first day of the insurance policies described above, following month shall be prorated (ii) copies at a rate of all permits required for construction 1/30th of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereundermonthly rent per day). All During said period of the construction work partial monthly occupancy, all other terms and conditions of this Lease shall be the responsibility of and supervised by Tenantapply.
Appears in 2 contracts
Sources: Lease Agreement (Ligand Pharmaceuticals Inc), Lease Agreement (Pharmacopeia Inc)
Construction of the Tenant Improvements. (a) The Landlord shall provide all necessary labor and materials and perform any and all the work required for construction of the Tenant’s laboratory and office facility including machinery, fixtures and equipment to be constructed and other improvements to be installed by Landlord in the Leased Premises in order to ready the same for Tenant’s occupancy (the “Tenant Improvements”), all as shown on the Plans (as defined hereafter) to be prepared by Tenant’s architect (“Architect”). Landlord shall have seven (7) business days after receipt of the Architect’s Plans (which shall be delivered to Landlord in accordance with the Notices provision of the Lease) to approve or deny approval of the Plans. In the event Landlord does not approve the Plans, Landlord shall advise Tenant with specificity of the reason or reasons for disapproval. Landlord shall have seven (7) business days to approve Plans when resubmitted. If Landlord does not accept the Plans following the second seven (7) business day period, then the parties agree to negotiate in good faith until both parties reach an agreement on the Plan. If the parties do not reach an agreement on the Plans within ten (10) business days following the second seven (7) business day period, the matter shall be submitted to decision by a third party architect consistent with the procedure set forth in Section 3.2(a) for deadlocks concerning the Construction Budget. If Landlord does not respond within any seven (7) business day period following submission of the Plans, or fails to specify the reason or reasons for disapproval, Tenant shall send Landlord a reminder notice, and if Landlord does not respond, or fails to specify the reason or reasons for disapproval within forty eight (48) hours from receipt of the reminder notice, the Plans are deemed to be approved. Tenant Improvements shall also be deemed to include anything that runs above the ceiling, below the floor, or within the walls, even if installed and paid for by Tenant. At the end of the Term, title to Tenant’s Improvements shall pass to Landlord without compensation. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of ▇▇▇▇▇ ▇▇▇▇ LaSalle (“Tenant’s Representative”). Tenant shall have ability to change Tenant’s Representative with notice to Landlord. Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work on the Tenant Improvements. Landlord warrants to the Tenant that all materials and equipment not already existing in the Building, and to be incorporated in the Tenant Improvements, will be new and that on the date of Substantial Completion, all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the approved Plans, provided that Landlord shall not make substitutions except in accordance with the Substitution Standards defined in Section 3.2(b). All materials and equipment not already existing in the Building shall be delivered in good working order and condition.
(b) Tenant shall be responsible for the design and installation of its data and communication systems. Landlord shall install the wiring for such systems per Tenant’s design, and, except as provided below, the cost thereof shall be added to the construction budget as defined below. Tenant shall be responsible for the procurement and installation of its furniture and other personal property, unless otherwise set forth herein. Tenant’s vendors and Landlord’s subcontracted trades shall coordinate project scope and schedule. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible for replacing (at Landlord’s cost) the data and telecommunications cabling providing service to the cubicles within the Leased Premises (but not the cabling providing service to the offices or the labs, or to furniture, but shall coordinate wiring to cubicle furniture) and the cost for such replacement shall not be considered part of the Allowance. Tenant shall be responsible for providing and installing its furniture at its sole cost and expense.
(a) Landlord shall complete the construction of the Leased Premises in a good and workmanlike manner and in substantial accordance with plans and specifications (“Plans”) to be prepared by the Architect, however, Landlord shall not make any substitutions except in accordance with the Substitution Standards. The Plans shall be provided to Landlord on or before September 19, 2011, and shall be in sufficient detail to permit Landlord to apply for a building permit for the Tenant Improvements (which Landlord shall do within five (5) business days), and to prepare a construction budget for the construction of the Tenant Improvements (“Construction Budget”). The Construction Budget shall be provided to Tenant fifteen (15) business days after the Plans are approved. The Construction Budget shall include each trade by line item, and set forth the lump sum amount payable by Tenant to Landlord for the construction of the Tenant Improvements, which amount shall include Landlord’s ▇▇▇▇-up of 2% for general conditions, 7% overhead and 5% profit, except as pertains to work performed by Landlord itself or any affiliate of Landlord. In consideration of this ▇▇▇▇-up, Landlord shall perform all services that are ordinarily provided by a construction manager/general contractor for the construction of Tenant Improvements. The only exception to the lump sum amount shall be the actual fees charged by the Township of Cranbury for construction permits, which will not be determined by the municipality until after the Landlord applies for the construction permits and shall be paid by Tenant as set forth hereafter. Landlord shall submit the Construction Budget to Tenant for its approval. Tenant shall give written notice to Landlord within five (5) business days of receipt, as to whether or not the Construction Budget is acceptable. If Tenant does not accept the Construction Budget during such five (5) business day period, then the parties agree to negotiate in good faith until both parties reach an agreement on the Construction Budget. If the parties do not reach an agreement on the Construction Budget within ten (10) business days, the matter shall be resolved by the Landlord’s and Tenant’s architects agreeing on the name of another New Jersey estimator, who shall be unaffiliated with Landlord or Tenant, to approve the Construction Budget. The third party estimator shall be instructed to make his or her determination within ten (10) days of the referral of the matter. The party whose most recent Construction Budget proposal most widely varies from the decision of the third party estimator shall pay the fee of the third party estimator. If Landlord’s and Tenant’s architects cannot agree on the selection of a third party estimator, each party shall select its own estimator and shall pay the fee of its estimator. If both estimates are within ten percent (10%) of each other, they shall be averaged. If not within ten percent (10%), the two estimators will select a third estimator whose estimate shall be binding, unless it is not within the amount of the first two estimates, in which case the three estimates shall be averaged. Landlord shall not be obligated to order any equipment or commence work until the Construction Budget has been approved. A complete set of the agreed upon Plans, and the agreed upon Construction Budget, shall be initialed by and distributed to Landlord and Tenant.
(b) Neither the Construction Budget nor the Plans shall be changed or altered in any way except by change order approved in writing by Landlord and Tenant (“Change Order”). All Change Orders shall be valid and binding upon Landlord and Tenant only if authorized by written Change Order signed prior to commencement of the work on the Tenant Improvements reflected thereby. If Tenant requests a change to the Plans, Landlord will prepare a Change Order, submit it to Tenant, and if not approved by Tenant within 2 business days, work on the Tenant Improvements shall continue as if the Change Order had never been requested. The cost or credit to the Tenant due to any Change Order shall be determined per the terms of such Change Order. Change Order ▇▇▇▇-up shall be no greater than 2% for general conditions, 7% overhead and 5% profit. In the event the Change Order increases the cost set forth in the Construction Budget, then the cost plus ▇▇▇▇-up shall be added to the next payment coming due under Section 3.4 hereof. The Landlord shall have the right to substitute for the materials and equipment required by the Plans, materials and equipment of equal quality and standard, provided said substitutions conform with applicable building codes, meet any specification or tolerance set forth in the Plans, and are communicated to, and reasonably approved by, Tenant in writing (the “Substitution Standards”). Each and every Change Order shall state whether the change will entail a delay in the date of Substantial Completion and the length of the delay. Any Change Order requested by Tenant which results in a delay to the date of Substantial Completion shall not delay the date for the commencement of the payment of rent so long as the delay and its extent were identified in the change order.
(c) Landlord will have no obligation to bid any of the work constituting Tenant Improvements except Landlord shall provide Tenant with the scope of work to be performed by the following trades: HVAC, electric, carpet and paint during the Construction Budget approval process described in Section 3.2 (a) hereof.
(a) The cost of construction permits and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Tenant Improvements shall be performed by added to the Construction Budget. Landlord shall obtain a licensed general contractor temporary or contractors selected by permanent Certificate of Occupancy or Certificate of Acceptance after the Tenant Improvements have been completed. Landlord shall not, however, be responsible for securing any environmental or operating permits or certifications which are required in order for Tenant to actually conduct its business. If a temporary Certificate of Occupancy is issued, Landlord shall diligently complete any requirements of, and approved by Landlordshall meet any deadlines specified in, any such approval temporary Certificate of Occupancy.
(b) After construction is complete, Tenant shall be responsible for all costs related to the reproduction of “as built” Plans. In all instances where Plans are required, Tenant shall provide Landlord with a CAD file.
(a) Landlord shall provide Tenant with an allowance (“Allowance”) of fifty percent of the cost of construction of Tenant Improvements, not to exceed a maximum of $450,000.00 (Four Hundred Fifty Thousand Dollars). The entire cost of the improvements, other than the Allowance, shall be unreasonably withheld or delayed the responsibility of Tenant (the “Tenant’s Contractor,” whether one or moreCost Share”). Tenant shall pay to Landlord, pursuant to a written construction contract negotiated and entered into by and between within the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall later of (i) obligate Tenantfive (5) business days of Landlord’s Contractor to comply with all reasonable rules commencement of work on Tenant Improvements, and regulations of Landlord relating to construction activities in the Building, (ii) name ten (10) business days after Landlord has invoiced Tenant, a sum equal to 25% of Tenant’s Cost Share to secure initial orders, materials and resources. If Tenant fails to make such payment on date it is due pursuant to the previous sentence, Landlord shall not be obligated to continue work on Tenant Improvements. Thirty (30) days after Landlord’s commencement of work, and each thirty days thereafter, until paid in full, Tenant shall pay to Landlord, within ten (10) business days after receipt of Landlord’s invoice, the equivalent percent of completed work as reviewed and reasonably approved by the Architect and Tenant’s Representative. If Tenant fails to make any such payment within five days after the date when due, Landlord shall have the right to stop work. Notwithstanding the foregoing, if Substantial Completion of Tenant Improvements occurs prior to the date any of the foregoing payments are due, Tenant shall, within ten (10) business days of Landlord’s notice to Tenant of Substantial Completion, pay to Landlord a sum equal to the remaining balance of Tenant’s Cost Share. Any failure of Tenant in making any payment due under this section shall constitute a default under this Lease, but shall not delay the Commencement Date of this Lease, which shall be the Commencement Date set forth above in Section 2; or any of Tenant’s obligations hereunder including, without limitation, Tenant’s obligation to pay all Rent. In the event that Tenant fails to pay to Landlord, upon Substantial Completion of the Tenant Improvements, a sum equal to the remaining Tenant’s Cost Share, such failure shall constitute a default under this Lease unless and until cured; and Tenant shall commence payment of all Rent; and Landlord shall be entitled to all rights and remedies available hereunder, at law or in equity, which rights shall be cumulative. All sums so owing to Landlord shall constitute Additional Rent and shall be subject to the imposition of late charges as provided in this Lease.
(b) Apart from extensions of time for delays and extensions of the Commencement Date for the payment of rent, no payment or allowance of any kind shall be claimed by Tenant, or made to the Landlord as an additional indemnitee under compensation for damages on account of any delay from any cause in the provisions Substantial Completion of the contract whereby Tenant Improvements, whether such delay be avoidable or unavoidable, anything in this Agreement inconsistent herewith or to the contrary notwithstanding.
3.5 During construction of Tenant Improvements, Tenant’s Contractor holds Representative shall inspect the site no less frequently than once a week and verify and agree that the work in progress has been completed in a manner acceptable to both Landlord and Tenant.
3.6 The Tenant harmless from Improvements shall be commenced upon approval by governmental entities having jurisdiction therefore and, subject to authorized adjustments, Substantial Completion shall be achieved on or about the date set forth in Section 2.1. As used herein the term “Substantial Completion” shall mean that the Leased Premises have been built and against any and all claimscompleted in substantial conformity with the Plans, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled temporary or permanent certificate of occupancy or a temporary or permanent certificate of acceptance (“CO/CA”) has been issued permitting Tenant to enforce) all use and occupy the Leased Premises, even though minor details, adjustments or punch list items which shall not materially impair Tenant’s use and enjoyment of the warranties Leased Premises may not have been finally completed, but which work Landlord agrees shall be diligently pursued to final completion. Tenant shall allow Landlord and its contractors to enter the Leased Premises during normal working hours after issuance of the Tenant’s Contractor CO/CA to complete remaining minor work or punch list items. Landlord shall cooperate with respect Tenant to coordinate the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the punch list items to avoid disruption to Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceedsbusiness and research operations, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of provided Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used use overtime or union labor. It is agreed that for construction the purpose of this Lease, wherever and whenever the term Substantial Completion is used, it shall not include items of maintenance, service, punch list, or guarantee. If the date of Substantial Completion occurs on a day other than the first day of a month, rent from such day until the first day of the Tenant Improvements; provided, however, Landlord following month shall be permitted to withhold its consent to prorated (at a contractor proposed to be utilized by Tenant to rate of 1/30th of the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsmonthly rent per day). During said period of partial monthly occupancy, all other terms and conditions of this Lease shall apply. In the event there Substantial Completion is delayed due to the failure of the Architect to deliver Plans by the date set forth herein, the Commencement Date shall be deemed to be March 1, 2012. In the event Substantial Completion is before March 1, 2012, Base Rent (as defined below) shall not start until March 1, 2012.
3.7 Provided Tenant is not in default beyond any labor dispute as a result applicable cure period, has provided Landlord with proof of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by lawhereunder, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall and does not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed interfere with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described abovecontractors and subcontractors, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.may enter
Appears in 1 contract
Construction of the Tenant Improvements. Construction or installation 3.1 The Landlord shall provide all necessary labor and materials and perform all of the work required for the construction of that portion of the Leased Premises comprising 4,799 square feet including machinery, fixtures and equipment to be constructed and other improvements to be installed by Landlord in the Leased Premises in order to ready the same for Tenant's occupancy (the "Tenant Improvements"), all as shown on the Plans as defined herein. Tenant's designated representative for all work pertaining to the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ (hereinafter the "Representative").
3.2 The Landlord shall supervise and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to direct the work performed thereunder on the Tenant Improvements using Landlord's best skill and the obligation of the Tenant’s Contractor to replace defective materials attention, and correct defective workmanship Landlord shall be solely responsible for a period of not less than one (1) year following final completion all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under such contract, (iv) evidence on the agreement Tenant Improvements. Landlord shall use its best efforts to cause the Tenant Improvements to be carried forward expeditiously so as to achieve Substantial Completion of the Tenant’s Contractor that the provisions of the Lease Leased Premises on or before July 1, 2001, or as soon thereafter as possible. Landlord shall control over the provisions of the contract be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction performance of the Tenant Improvements; provided.
3.3 Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, howeverand that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
(a) Landlord shall be permitted to withhold its consent to complete the construction of the Leased Premises in a contractor proposed good and workmanlike manner and in substantial accordance with plans and specifications ("Plans") to be utilized prepared by Tenant Bala Consulting Engineers, Inc. The Plans shall be provided to the extent such contractor would create a labor dispute at the Building Landlord on or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsbefore June 30, 2001. In the event there is any labor dispute as a result of Tenant’s contractor Tenant fails to deliver the Plans to Landlord by said date, and such labor dispute is impairing or affecting Landlord’s ability to operate failure delays the Building or otherwise provide the services it is required to provide to its tenants, projected date of Substantial Completion then Tenant shall immediately take such actions be obligated to pay rent to Landlord for as may be required many days prior to the date of Substantial Completion as Tenant was late in order to cause such labor dispute to ceaseproviding the Plans. Tenant and its contractors The Plans shall be required in sufficient detail to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and permit Landlord to apply for a building permit for the Tenant Improvement Improvements (which Landlord shall be required promptly do), and to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in prepare a draft construction budget for the construction of the Tenant Improvements must be performed (the "Construction Budget"). The Construction Budget shall set forth the lump sum amount payable by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible to Landlord for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements, which amount shall include Landlord's standard ▇▇▇▇-up for general conditions (2%) times overhead (10%) times profit (7%), for a total ▇▇▇▇-up of 20%. Tenant specifically agrees The only exception to carry, or cause the Tenant’s Contractor to carry, during all such times as lump sum amount shall be the Tenant’s work is being performed, actual fees charged by the Township of Cranbury for construction permits and the Council on Affordable Housing (a"COAH") builder’s risk completed value insurance on fee in connection with the Tenant Improvements, both of which will not be determined by the municipality until after the Landlord applies for the construction permits and shall be paid by Tenant as set forth hereafter. After receipt of the draft construction budget, Tenant shall give written notice to Landlord within 5 business days as to whether or not it is acceptable. If the Tenant accepts the draft construction budget during the 5 business day period then that shall be the budget for the Tenant Improvements ("Construction Budget"). If Tenant does not accept the draft construction budget during such 5 business day period, then the parties agree to negotiate in good faith to reach an amount agreement on a budget for the Tenant Improvements. In the event no agreement can be reached within a further 15 day period, then either party may terminate this Lease.
(b) A complete set of the agreed upon Plans, and the agreed upon Construction Budget, shall be initialed by and distributed to Landlord and Tenant. Neither the Construction Budget nor the Plans shall be changed or altered in any way except by change order approved in writing by Landlord, Architect and Tenant ("Change Order"). Each and every Change Order shall state whether the change will entail a delay in the date of Substantial Completion. Any approved delay to the date of Substantial Completion shall not less than delay the full replacement commencement date for the payment of rent. All Change Orders shall be valid and binding upon Landlord and Tenant only if authorized by written Change Order signed prior to commencement of the work on the Tenant Improvements reflected thereby. The cost or credit to the Tenant due to any Change Order shall be determined per the terms of such Change Order. The Landlord shall have the right to substitute any materials and equipment required by the Plans, with materials and equipment of equal or better quality and standard, provided said substitutions conform with applicable building codes and are the subject of a Change Order.
(a) The Landlord may secure and advance payment for the construction permits and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Tenant Improvements, and for the COAH fee. Tenant shall pay such amounts to Landlord not later than 10 business days after receipt of an invoice therefor. Landlord shall not, however, be responsible for securing any environmental or operating permits or certifications which are required in order for Tenant to actually conduct its business.
(b) a policy Tenant shall be responsible for providing Landlord with, and bearing the cost of, sufficient copies of insurance covering commercial general liabilitythe Plans, as Landlord determines are necessary, in an amount not less than One Million Dollars ($1,000,000.00)order to obtain the permits and efficiently manage the construction of the Leased Premises. In the event any Change Orders are required during construction, combined single limit Tenant shall be responsible for bodily injury all costs related to the preparation and property damage per occurrence (and combined single limit coverage reproduction of $2,000,000.00 in plans therefore. After construction is complete, Tenant shall be responsible for all costs related to the aggregate)reproduction of "as built" plans. In all instances where plans are required, and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Tenant shall provide Landlord as an additional insured, and with a reproducable set.
(c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence receive a construction allowance (the "Construction Allowance") equal to $15.00 per square foot multiplied by 4,799 square feet of space ($71,985) in which Landlord will construct the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates Improvements. Any cost in excess of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work such allowance shall be the responsibility of Tenant ("Tenant's Cost Share"). Upon approval of the Final Construction Budget, Tenant shall immediately pay to Landlord, prior to the Landlord's commencement of work on Tenant Improvements, a sum equal to 50% of Tenant's Cost Share. Upon Substantial Completion of Tenant Improvements, Tenant shall immediately pay to Landlord a sum equal to the remaining balance of Tenant's Cost Share. In the event Tenant fails to pay to Landlord, upon approval of the Construction Budget a sum equal to 50% of Tenant's Cost Share, Landlord shall not be obligated to commence work on the Tenant Improvements for the Leased Premises, and supervised such failure to pay shall not delay the Commencement Date of this Lease or any of Tenant's obligations hereunder including, without limitation, Tenant's obligation to pay all rent. In the event that Tenant fails to pay to Landlord, upon Substantial Completion of the Tenant Improvements for the Premises, a sum equal to the remaining cost of Tenant's Cost Share, along with the COAH fee and construction permit fees, such failure shall constitute a default under this Lease; and Tenant shall not be permitted to occupy the Leased Premises; and Landlord shall be entitled to all rights and remedies available hereunder, at law or in equity, or otherwise, which rights shall be cumulative. All sums so owing to Landlord shall constitute Additional Rent and shall be subject to the imposition of late charges as provided in this Lease.
(d) Tenant shall be responsible for the design and installation of its own phone, data, communication, fire alarm and security systems, which systems shall be installed in a manner not to interfere with Landlord's construction efforts.
(e) Apart from extensions of time for delays and the commencement date for the payment of rent as hereinbefore provided, no payment or allowance of any kind shall be claimed by or made to the Landlord as compensation for damages on account of hindrance or delay from any cause in the Substantial Completion of the Tenant Improvements whether such hindrance or delay be avoidable or unavoidable, anything in this Agreement inconsistent herewith or to the contrary notwithstanding.
(f) During construction of Tenant Improvements, a representative of Tenant shall inspect the site no less frequently than once a week and verify and agree that the work in progress has been completed in a manner acceptable to both Landlord and Tenant.
3.6 The Tenant Improvements shall be commenced upon approval by governmental entities having jurisdiction therefor and, subject to authorized adjustments, Substantial Completion is projected to be achieved on or about August 15, 2001. As used herein the term "Substantial Completion" shall mean that the Leased Premises have been built and completed in substantial conformity with the Plans, and a temporary or permanent certificate of occupancy or a temporary or permanent certificate of acceptance ("CO/CA") has been issued permitting Tenant to use and occupy the Leased Premises, even though minor details, adjustments or punch list items which shall not materially impair Tenant's use and enjoyment of the Leased Premises may not have been finally completed, but which work Landlord agrees shall be diligently pursued to final completion. Tenant shall allow Landlord and its contractors to enter the Leased Premises during normal working hours after issuance of the CO/CA to complete remaining minor work or punch list items. It is agreed that for the purpose of this Lease, wherever and whenever the term Substantial Completion is used, it shall not include items of maintenance, service, punch list, or guarantee.
Appears in 1 contract
Sources: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Construction of the Tenant Improvements. Construction or installation Promptly following the --------------------------------------- execution of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), construction contract pursuant to a written construction contract negotiated Section 5, Tenant shall --------- direct Tenant's Contractor immediately to commence and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor proceed to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceedscomplete, in the event of a casualty during constructionaccordance with industry custom and practice, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Final Plans. All Tenant or Tenant’s Contractor Improvement work shall be responsible for carried out in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with the use of common areas of the Building and, prior to the Delivery Date, with Landlord work not yet completed. Such work shall be performed diligently in a first-class, workmanlike manner and in accordance with all waterLaws. Prior to commencing such work, gasTenant shall furnish Landlord with evidence satisfactory to Landlord that Tenant and Tenant's Contractor are carrying workers' compensation insurance in statutorily required amounts, electricity, sewer or comprehensive general liability insurance and all other utilities used or consumed insurance required by the Lease. Landlord shall have the right at all times to enter the Premises during the construction to post notices of the Tenant Improvementsnonresponsibility. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost shall ensure lien-free completion of the Tenant Improvements, (b) a policy and Tenant shall comply with all provisions of insurance covering commercial general liabilitythe Lease regarding liens. The construction of the initial Tenants Improvements shall be subject to the provisions of Section 2.4 of the Lease ----------- regarding Tenant's right to occupy the Premises for these purposes. Landlord or Landlord's agents shall have the right at all reasonable times to inspect the work, it being understood that Landlord shall be reasonable in an amount its inspection of the work and that Landlord shall recognize, to the extent commercially reasonable and practicable, the necessity of field changes based on field conditions. Such inspections shall not less than One Million Dollars ($1,000,000.00)unduly interfere with the conduct of Tenant's work. If Landlord shall give notice of faulty construction or any other deviation from the Final Plans, combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage Tenant shall cause Tenant's Contractor to make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections nor the making of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show such inspections by Landlord shall operate as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer any rights of Landlord to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence require good and workmanlike construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed in accordance with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by TenantPlans.
Appears in 1 contract
Sources: Office Lease (Homestore Com Inc)
Construction of the Tenant Improvements. Construction Tenant shall submit the approved Working Drawings to the appropriate governmental body or installation bodies for final plan checking and a building permit. Tenant may commence construction of the Tenant Improvements shall be performed prior to final approval of the Final Plans by Landlord and prior to obtaining a licensed general contractor or contractors selected by Tenant building permit so long as ▇▇▇▇▇▇ has notified Landlord and approved by Landlord, obtained ▇▇▇▇▇▇▇▇’s approval and provided that ▇▇▇▇▇▇ subsequently obtains such final approval not to be unreasonably withheld or delayed (of the “Final Plans and a building permit. After selection of Tenant’s Contractor,” whether one or more), pursuant to Tenant shall enter into a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenantwith ▇▇▇▇▇▇’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must which shall be carried out in conformance with the Working Drawings, as the same may be amended from time to time with the reasonable approval of Landlord, in a good and workmanlike manner. Tenant shall see that the construction complies with all applicable building, fire, health and sanitary codes and regulations. Said contract shall include a provision for compliance with Landlord’s Rules and Regulations. Violations in connection with the work performed under this Work Letter of Landlord’s rules, regulations and requirements concerning health, safety, the Building Structure or the Building Systems as set forth in this Lease in Sections 5(a) –(p) below or the Rules and Regulations (Exhibit D) shall constitute a default of this Lease if not corrected by Tenant and/or Tenant’s Contractor within two (2) business days notice by Landlord to Tenant, except that if Tenant or Tenant’s Contractor begins to cure its failure within the two (2) business day period, but cannot reasonably complete its cure within such period, then, so long as Tenant or Tenant’s Contractor continues to diligently attempt to cure its failure, the forty-eight (48) hour period will be extended for such time as is reasonably necessary to complete the cure. Landlord shall have the right to post a notice of non-responsibility at a prominent location at the Building. It shall be the responsibility of Tenant to enforce the following requirements of Tenant’s Contractor, and all subcontractors of Tenant’s Contractor, at every level:
(a) Any damage to the Premises or the Building caused by ▇▇▇▇▇▇’s Contractor shall be at the sole cost and expense of Tenant.
(b) Tenant’s Contractor shall be responsible for the repair, replacement and clean up of any damage by ▇▇▇▇▇▇’s Contractor to the Premises and the Building, including but not limited to access ways to the Premises, which may be concurrently used by others.
(c) Any rework of sub-base or compaction performed outside the Premises and required after ▇▇▇▇▇▇’s Contractor’s initial acceptance of such area shall be done by Tenant’s Contractor, which shall include the removal from the Premises of any excess soil or debris. All work shall be done in accordance with all applicable laws and industry standard construction practices and, as required, in compliance with specifications of a soils engineer or consultant as approved by Landlord, which approval will not be unreasonably withheld, conditioned or delayed.
(d) Tenant’s Contractor shall be allowed to store customary materials, tools and supplies within the Premises if and only if those items are to be used on the improvements of said leased Premises. Landlord reserves the right, in its reasonable discretion, to revoke said approval to allow ▇▇▇▇▇▇’s Contractor to store items within the Premises should the Contractor fail to maintain an orderly jobsite after written notice and a reasonable opportunity to cure. In no way shall the storage of materials, tools or supplies prevent or reduce Landlord’s insurance and the Landlord is in no way liable for the loss or damage of stored materials. Tenant’s Contractor shall park construction vehicles in areas reasonably designated by Landlord.
(e) All trash and surplus construction materials shall be stored within the Premises or at a location outside the premises designated by the Landlord’s Building roofing contractor. All costs, fees in its sole discretion, and expenses incurred with such contractor in performing such work shall be promptly removed from the Premises.
(f) Subject to Section 11 below, Tenant’s Contractor shall provide temporary utilities, portable toilet facilities and potable drinking water as Tenant determines necessary for the completion of the Tenant Improvements.
(g) Noise shall be kept to a cost minimum at all times.
(h) Subject to Landlord’s obligations under the Lease, Tenant and ▇▇▇▇▇▇’s Contractor are responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction as far as the performance of the Tenant Improvements (which such cost may is concerned and for all applicable safety regulations established by the Landlord, OSHA or other regulatory agencies. Prior to commencement of construction, Tenant shall submit to Landlord evidence of insurance as required by this Lease and evidence of insurance for Tenant’s Contractor naming Landlord its Landlord affiliated companies acting as agents successor and/or assigns as additional insureds. Tenant’s Contractor’s insurance limits and quality of carrier shall be payable out equal to or exceed those requirements and obligations of the Landlord’s Construction Allowance)Tenant as set forth in the Lease. In addition, in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be required to carry Builders Risk Insurance covering the existing tenant improvements and the improvements to be constructed.
(i) Tenant’s Contractor shall not post signs on any part of the Building, without Landlord’s prior written approval.
(j) Tenant shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction and shall obtain and record a Notice of Completion promptly following completion of the Tenant Improvements. Tenant specifically agrees shall be obliged to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and provide a copy of the permitted Final Plans as approved by the appropriate governmental agency, said ▇▇▇▇▇▇ and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior recordation to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by TenantLandlord.
Appears in 1 contract
Sources: Lease (Phenomix CORP)
Construction of the Tenant Improvements. Except to the extent expressly provided elsewhere herein, including Landlord’s requirement to perform the Landlord’s Work. Tenant shall complete all Tenant Improvements at Tenant’s sole risk, cost and expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. Landlord shall provide to Tenant, its Architect, the Contractor and others required to perform the Tenant Improvements, at no additional cost to Tenant, access to the Premises and use of the exclusive loading dock serving the Premises during the design and construction of the Tenant Improvements, provided that (i) the Commencement Date and Tenant’s obligation to pay Rent shall nevertheless commence on the date set forth in the Basic Lease Provisions, and (ii) Tenant shall be solely responsible for all costs of water, electricity, and other services and utilities provided at and to the Premises from and after the Delivery Date. The construction shall be performed in a good and workmanlike mariner and in compliance with all applicable rules, laws, codes and regulations, including all applicable safety procedures established by Landlords Construction or installation Representative and the Tenant Construction Rules and Regulations attached hereto as Exhibit C-2. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by Property Manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work (i.e., change orders), such approval not to be unreasonably withheld withheld, delayed, or delayed (the “Tenant’s Contractor,” whether one or more)conditioned. If, pursuant at any time prior to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing Contractor requests a change order or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsorders, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved which in the construction aggregate, exceed ten percent (10%) of the Tenant Improvements must be performed amount of any payment and performance bond required by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall obtain Landlord’s written approval prior to the performance of the additional work contemplated by such change order or orders. Landlord’s consent shall not be responsible for all waterunreasonably withheld, gasbut in any event, electricity, sewer or other utilities used or consumed at Tenant shall cause the Premises during amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or Property Manager. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and Property Manager shall perform a final inspection for conformance of the Tenant improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the building. If there shall be any such stoppage or impairment as the result of any such labor dispute caused by Tenant or its Contractor, Tenant shall immediately undertake such action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, (a) removing all disputants from the job site until such time as the labor dispute no longer exists, (b) seeking a policy temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury contract between Tenant and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insuredTenant’s Contractor, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the filing appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantunfair labor practice charges.
Appears in 1 contract
Sources: Sublease (Minerva Surgical Inc)
Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be Improvements, payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.
Appears in 1 contract
Sources: Office Lease (Xencor Inc)
Construction of the Tenant Improvements. Construction Promptly after the Execution Date, Landlord shall commence the design, planning, permitting, construction and installation work to be performed in connection with the improvements to be made to the Premises which are described on Exhibit G, attached hereto and pursuant to the preliminary plans and specifications attached hereto as Exhibit G (the “Tenant Improvements”), which Tenant Improvements may be completed after the Initial Commencement Date, and diligently prosecute the same to completion in a good and workmanlike manner, subject to delays as a result of Force Majeure and any acts or installation omissions of Tenant. Landlord shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements. The Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant subject to, and approved by Landlordin compliance with the Union Requirement (defined below) and Section 5.8, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), and pursuant to a written construction contract negotiated all other terms and entered into conditions of the Lease. All Tenant Improvements, regardless of which party constructed or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises on the expiration or earlier termination of this Lease; provided that, at Landlord’s election and upon notice delivered to Tenant simultaneously with the final approval by and between the Tenant’s Contractor Landlord and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby plans and specifications for the Tenant’s Contractor holds Tenant harmless from and against any and all claimsImprovements, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled Tenant shall be required to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on remove all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions Improvements as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth specified by Landlord in such Exhibit B-1). notice, including Telecommunication Facilities and any structural or non-standard office alteration, improvement, addition, equipment or fixture installed or brought on the Premises by or for Tenant acknowledges and understands that all roof penetrations involved in on the construction expiration or earlier termination of this Lease (the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance“Specialty Improvements”), in accordance with the provisions of this Exhibit B. and Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at repair any damage resulting from such removal thereof and return the Premises during to the construction of the same condition as existed prior to such Tenant Improvements. Tenant specifically agrees to carry, or cause The “Union Requirement” shall mean the Tenant’s Contractor to carry, during all such times as obligation that the Tenant’s work is being performed, contractors and each subcontractor of every tier used by Landlord shall for the duration of its contract (a) builder’s risk completed value insurance on be a party to or bound by a collective bargaining agreement applicable to the Tenant Improvementsgeographic area in which the Building is located, applicable to the trade or trades in an amount not less than which the full replacement cost work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the Tenant ImprovementsAFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) a policy solely employ members of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed such labor organizations to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any perform work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantwithin their respective traditional jurisdictions.
Appears in 1 contract
Sources: Lease (Kitara Media Corp.)
Construction of the Tenant Improvements. Construction Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or installation to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by property manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld withheld, delayed, or delayed (conditioned. If, at any time prior to completion of the “Tenant’s Contractor,” whether one Tenant Improvements, Tenant or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and Tenant and approved performance bond required by Landlord. Each such contract , Tenant shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in cause the Building, (ii) name Landlord as an additional indemnitee under the provisions amount of the contract whereby bonds to be increased to cover the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all cost of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract)additional work. Notwithstanding anything to the contrary, union labor shall not be required to be used for During construction of the Tenant Improvements; provided, however, Landlord the Premises shall be permitted to withhold its consent to a contractor proposed to be utilized open during working hours for inspection by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate Construction Representative and/or property manager. Upon completion of the Building or otherwise provide Tenant Improvements, the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant Construction Representative and property manager shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction perform a final inspection for conformance of the Tenant Improvements must be to the Working Drawings. Any and all work performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all waterperformed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, gas, electricity, sewer deliveries or any other utilities used service in the Building. If there shall be any such stoppage or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times impairment as the Tenant’s work is being performedresult of any such labor dispute, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization take reasonable actions to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and such as establishing a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantdual gate system.
Appears in 1 contract
Sources: Office Lease (Tableau Software Inc)
Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed conditioned and shall be approved or denied within five (5) business days (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and reasonably approved by Landlord. Landlord hereby approves of the following contractors if selected by Tenant for the Tenant Improvements: (i) ▇▇▇▇▇▇ Building Corporation, (ii) ▇▇▇▇▇, (iii) Corporate Contractors, (iv) Environmental, (v) Sierra Pacific, and (vi) KPRS. In addition, Landlord approves of ARC as the engineer for MEP work in connection with the Tenant Improvements. Landlord agrees that Tenant shall not be required to hire any union labor in connection with the Tenant Improvements; provided, however, Tenant hereby agrees that it shall not retain (or cause to be retained through its general contractor) any general contractor or subcontractor that will create any labor disharmony or disruption at the Building or Project and that Landlord shall be permitted to either disapprove of such general contractors or subcontractors and/or direct Tenant to immediately cease using any such general contractors and/or subcontractors that create any such labor disharmony or disruption; provided, however, Landlord agrees that Tenant shall have the right to cure any disharmony or disruption through maintenance of a dual gate system. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable non-discriminatory rules and regulations of Landlord relating to construction activities in the BuildingBuilding (a copy of the current construction rules and regulations being attached hereto as Exhibit B-1), (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, and (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor . Prior to commencement of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor Contractor shall provide Tenant with an estimate of the total cost to construct and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and install the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1Improvements (the “Construction Estimate”). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor; provided, however, if such Landlord designated contractors are not providing commercially reasonable prices or are not reasonably available, then Landlord agrees to consult with such contractors in order to resolve such issues. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be Improvements, payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor or any of Tenant’s other agents shall not be responsible for all the costs of parking, loading docks, water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements and Tenant’s initial move into the Premises; provided, however, Landlord shall be permitted to charge Tenant for heating, ventilation and air conditioning furnished at Tenant’s request outside of normal Business Hours at Landlord’s standard charge for such overtime HVAC on an hourly basis (which such standard charge being equal to $75.00 per hour, as such charge may increase in accordance with the Lease). Tenant shall not be charged for the use of the restrooms during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (ainsurance in accordance with the requirements of Paragraph 8(d) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlordthis Lease. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction (which Landlord shall be obligated to provide within five (5) business days) after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract or a letter of intenat for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.
Appears in 1 contract
Sources: Office Lease (Honest Company, Inc.)
Construction of the Tenant Improvements. Construction or installation Promptly following the execution of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), construction contract pursuant to a written construction contract negotiated and entered into by and between the Section 5, Tenant shall direct Tenant’s Contractor immediately to commence and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor diligently to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceedsprosecute, in the event of a casualty during constructionaccordance with industry custom and practice, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by in accordance with the Landlord’s Building roofing contractorFinal Plans. All costs, fees and expenses incurred with such contractor in performing such Tenant Improvement work shall be a cost of the Tenant Improvements (which carried out at such cost may be payable out of the Landlord’s Construction Allowance)times as Landlord directs, in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with other tenants and with the provisions use of this Exhibit B. the common areas of the Building. Such work shall be performed diligently in a first-class, workmanlike manner and in accordance with all Laws. Prior to commencing such work, Tenant or shall furnish Landlord with evidence satisfactory to Landlord that (i) Tenant is carrying the insurance required by Article 11 of the Lease and (ii) Tenant’s Contractor is carrying the insurance required by Section 15 of this Agreement. Landlord shall be responsible for have the right at all water, gas, electricity, sewer or other utilities used or consumed at times to enter the Premises during the construction to post notices of the Tenant Improvementsnonresponsibility. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost shall ensure lien-free completion of the Tenant Improvements, (b) a policy and Tenant shall comply with all provisions of insurance covering commercial general liabilitythe Lease regarding liens. Landlord or Landlord’s agents shall have the right at all times to inspect the work, it being understood that Landlord shall be reasonable in an amount not less than One Million Dollars ($1,000,000.00)its inspection of the work and that Landlord shall recognize, combined single limit for bodily injury to the extent commercially reasonable and property damage per occurrence (and combined single limit coverage practicable, the necessity of $2,000,000.00 in field changes based on field conditions. If Landlord shall give notice of faulty construction or any other deviation from the aggregate)Final Plans, and automobile liability coverage (including ownedTenant shall cause Tenant’s Contractor to make corrections promptly. However, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed neither the privilege herein granted to show Landlord to make such inspections nor the making of such inspections by Landlord shall operate as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer any rights of Landlord to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence require good and workmanlike construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed in accordance with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by TenantPlans.
Appears in 1 contract
Construction of the Tenant Improvements. Construction Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or installation to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. The construction shall be performed in a good and workmanlike manner and in compliance with the approved Working Drawings and all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Work to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by Property Manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld withheld, delayed, or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlordconditioned. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for During construction of the Tenant Improvements; provided, however, Landlord the Premises shall be permitted to withhold its consent to a contractor proposed to be utilized open during working hours for inspection by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate Construction Representative and/or Property Manager. Upon completion of the Building or otherwise provide Tenant Improvements, the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant Construction Representative and Property Manager shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction perform a final inspection for conformance of the Tenant Improvements must be to the Building Standards. Any and all work performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all waterperformed in a manner to reasonably avoid any labor dispute which results in a stoppage or impairment of work, gas, electricity, sewer deliveries or any other utilities used service in the building. If there shall be any such stoppage or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times impairment as the Tenant’s work is being performedresult of any such labor dispute, Tenant shall immediately undertake such prudent, lawful action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, as reasonably necessary under the circumstances (a) builder’s risk completed value insurance on removing all disputants from the Tenant Improvements, in an amount not less than job site until such time as the full replacement cost of the Tenant Improvementslabor dispute no longer exists, (b) seeking a policy temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury contract between Tenant and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insuredTenant’s Contractor, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlordfiling appropriate unfair labor practice charges. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.Exhibit C – Page 4
Appears in 1 contract
Sources: Office Lease
Construction of the Tenant Improvements. Construction Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or installation to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. The construction shall be performed in a good and workmanlike manner and in compliance with the approved Working Drawings and all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Work to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by Property Manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld withheld, delayed, or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlordconditioned. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for During construction of the Tenant Improvements; provided, however, Landlord the Premises shall be permitted to withhold its consent to a contractor proposed to be utilized open during working hours for inspection by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate Construction Representative and/or Property Manager. Upon completion of the Building or otherwise provide Tenant Improvements, the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant Construction Representative and Property Manager shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction perform a final inspection for conformance of the Tenant Improvements must be to the Building Standards. Any and all work performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all waterperformed in a manner to reasonably avoid any labor dispute which results in a stoppage or impairment of work, gas, electricity, sewer deliveries or any other utilities used service in the building. If there shall be any such stoppage or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times impairment as the Tenant’s work is being performedresult of any such labor dispute, Tenant shall immediately undertake such prudent, lawful action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, as reasonably necessary under the circumstances (a) builder’s risk completed value insurance on removing all disputants from the Tenant Improvements, in an amount not less than job site until such time as the full replacement cost of the Tenant Improvementslabor dispute no longer exists, (b) seeking a policy temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury contract between Tenant and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insuredTenant’s Contractor, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the filing appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantunfair labor practice charges.
Appears in 1 contract
Sources: Office Lease (Redfin CORP)
Construction of the Tenant Improvements. Construction or installation 3.1 The Landlord shall provide all necessary labor and materials and perform any and all the work required for construction of the Tenant’s laboratory and office facility comprising 17,066 square feet (plus an additional 3,361 square feet if Tenant exercises its option pursuant to paragraph 1.2 above) including machinery, fixtures and equipment to be constructed and other improvements to be installed by Landlord in the Leased Premises in order to ready the same for Tenant’s occupancy (the “Tenant Improvements”), all as shown on the Plans (as defined hereafter). Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be performed by a licensed general contractor either K▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ or contractors selected by Tenant Doctor P▇▇▇▇▇ ▇▇▇▇▇ (“Representative”). The Landlord shall supervise and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to direct the work performed thereunder on the Tenant Improvements using Landlord’s best skill and the obligation of the Tenant’s Contractor to replace defective materials attention, and correct defective workmanship Landlord shall be solely responsible for a period of not less than one (1) year following final completion all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under such contract, (iv) evidence on the agreement of Tenant Improvements. Landlord warrants to the Tenant’s Contractor Tenant that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, all materials and equipment incorporated in the event of a casualty during constructionTenant Improvements will be new unless otherwise specified, and that all Initial: Landlord _______________ Tenant _________________ Lease Version Date: 03-03-11
4. work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
(va) evidence Landlord shall complete the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Leased Premises in a good and workmanlike manner and in substantial accordance with plans and specifications (“Plans”) to be prepared by Tenant’s architect Princeton Design Group. The Plans shall be provided to Landlord on or before __________________ and shall be in sufficient detail to permit Landlord to apply for a building permit for the Tenant Improvements; provided, however, Improvements (which Landlord shall be permitted promptly do), and to withhold its consent to prepare a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in construction budget for the construction of the Tenant Improvements must be performed (“Construction Budget”). The Construction Budget shall set forth the lump sum amount payable by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible to Landlord for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees , which amount shall include Landlord’s standard m▇▇▇-up for general conditions, overhead and profit.. The only exception to carry, or cause the Tenant’s Contractor to carry, during all such times as lump sum amount shall be the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation actual fees charged by the insurer Township of Cranbury for construction permits, which will not be determined by the municipality until after the Landlord applies for the construction permits and shall be paid by Tenant as set forth hereafter. Landlord shall submit the Construction Budget to any claim the Tenant’s Contractor may have against LandlordTenant for its approval. Tenant shall give written notice to Landlord within five business days of receipt, as to whether or not the Construction Budget is acceptable. If Tenant does not accept the Construction Budget during such five business day period, then the parties agree to negotiate in good faith until both parties reach an agreement on the Construction Budget. Landlord shall not be obligated to order any equipment or commence construction work until Tenant has approved the Construction Budget. A complete Initial: Landlord _______________ Tenant _________________ Lease Version Date: 03-03-11
5. set of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agencyagreed upon Plans, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract agreed upon Construction Budget, shall be forwarded initialed by and distributed to Landlord’s construction representative without request or demand, promptly after execution thereof Landlord and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.
Appears in 1 contract