Contractors and Contracts Clause Samples

Contractors and Contracts. Tenant shall engage to perform the Work such contractors, subcontractors and suppliers (“Tenant’s Contractors”) as Landlord customarily engages or recommends for use at the Property; provided, Tenant may substitute other licensed, bonded, reputable and qualified parties capable of performing quality workmanship. Such substitutions may be made only with Landlord’s prior written approval, which shall not be unreasonably withheld or delayed. Such approval shall be granted, granted subject to specified conditions, or denied within three (3) working days after Landlord receives from Tenant a written request for such substitution, containing a reasonable description of the proposed party’s background, finances, references, qualifications, and other such information as Landlord may request. For Work involving any mechanical, electrical, plumbing, structural, demolition or HVAC matters, or any Work required to be performed outside the Premises or involving Tenant’s entrance, Landlord may require that Tenant select Tenant’s Contractors from a list of such contractors (provided that Landlord’s gives Tenant at least 3 choices for each trade) or else, for any trade as to which Landlord is unable to give Tenant a choice of 3 Contractors, Tenant may choose its own Contractor for such trade, subject to Landlord’s approval which shall not be unreasonably withheld or delayed. All contracts shall contain insurance, indemnity and other provisions consistent herewith. Each contract and subcontract shall guarantee to Tenant and Landlord the replacement or repair, without additional charge, of all defects or deficiencies in accordance with its contract within one (1) year after completion of such work or the correction thereof. The correction of such work shall include, without additional charge, all additional expenses and damages in connection with such removal or replacement of all or any part of Tenant’s Work, and/or the Property and/or common areas, or work which may be damaged or disturbed thereby. Tenant shall give Landlord copies of all contracts and subcontracts promptly after the same are entered.

Contractors and Contracts. Tenant shall engage to perform the Work such contractors, subcontractors and suppliers (“Tenant’s Contractors”) as Landlord customarily engages or recommends for use at the Property; provided, Tenant may substitute other licensed, bonded, reputable and qualified parties capable of performing quality workmanship who have good labor relations and will be able to work in harmony with each other and those of Landlord and other occupants of the Property so as to ensure proper maintenance of good labor relationships, and in compliance with all applicable labor agreements existing between trade unions and the relevant chapter of the Association of General Contractors of America. Such substitutions may be made only with Landlord’s prior written approval. Such approval shall be granted, granted subject to specified reasonable conditions, or denied within ten (10) working days after Landlord receives from Tenant a written request for such substitution, containing a reasonable description of the proposed party’s background, finances, references, qualifications, and other such information as Landlord may request. For Work involving any mechanical, electrical, plumbing, structural, demolition or HVAC matters, or any Work required to be performed outside the Premises or involving Tenant’s entrance, Landlord may require that Tenant select Tenant’s Contractors from a list of such contractors.

Contractors and Contracts. Landlord and Tenant have selected Oltman’s ▇▇▇▇▇▇▇▇tion (the “General Contractor”) as the general contractor for the construction of the Improvements. Landlord shall enter into contracts for the construction of the Improvements with General Contractor, as provided below. Landlord may also directly retain contractors under lump sum contracts (collectively with the General Contractor, the “Contractors”). Each of the Contractors in a material trade shall be subject to Tenant’s reasonable approval. If Landlord does not receive Tenant’s response within five (5) business days of Landlord’s request for approval of a Contractor, Landlord’s selection of such Contractor shall be deemed approved. Landlord shall cause the General Contractor to obtain at least three (3) competitive bids for each of the major subcontractor trades for each of Landlord’s Work and the Tenant Improvements, which subcontractors shall be approved by each of Landlord and Tenant in its reasonable discretion. Such competitive bids shall include a schedule with a timeline to complete the work being bid. Based on the selected subcontractor bids, Landlord shall develop an estimate of the Tenant Improvement Costs (as defined below) and the cost of Landlord’s Work. (Landlord and Tenant acknowledge that the selected subcontractor bid might not necessarily be the lowest bid and that other matters, such as scheduling and the subcontractor’s reputation, will be taken into account when selecting the subcontractor bids.) Landlord shall promptly submit the schedule for the Landlord’s Work and the Tenant Improvements and the cost estimate of Landlord’s Work and the Tenant Improvement Costs to Tenant for review. Within five (5) business days after Landlord’s submission to Tenant of the schedule and cost estimates for the Landlord’s Work and ten (10) business days after Landlord’s submission to Tenant of the schedule and cost estimates for the Tenant Improvements, Tenant shall either (i) approve such schedule and cost estimate and, in the case of the Tenant Improvement Costs, be obligated to pay for the amount of Tenant’s 35654\12546889.9 B-11 06907\011\8511619.v2 06907\011\8493037.v6 Contribution in accordance with the disbursement procedures set forth below, or (ii) disapprove such schedule and cost estimate, in which case Tenant shall provide Landlord with additional information adequate to permit the prompt revision of the applicable Construction Documents and re-pricing of the Landlord’s Work or the Tenan...

Contractors and Contracts. Upon demand by the Lender, the Project Owner shall furnish to the Lender, from time to time, correct lists, to the extent known or obtainable, of all contractors and subcontractors employed in connection with the Development Work. Each such list shall show, to the extent known or obtainable, the name, address and telephone number of each such contractor or subcontractor, a general statement of the nature of the work to be done, the labor and materials to be supplied, the names of materialmen, and the approximate dollar value of such labor, work and materials with respect to each. Upon an Event of Default, the Lender shall have the right, and at any time the Inspector shall have the right (in both cases without either the obligation or the duty), to contact directly each contractor, subcontractor and materialman to verify the facts disclosed by said list or for any other purpose.

Contractors and Contracts. From time to time, upon demand by Lender, Borrower will furnish to Lender, correct lists of all contractors and subcontractors employed in connection with the Development Work. Each such list must show the name, address and telephone number of each such contractor or subcontractor, a general statement of the nature of the work to be done, the labor and materials to be supplied, the names of material providers, if known, and the approximate dollar value of the labor, work and materials with respect to each. Upon an Event of Default, Lender has the right, and at any time the Inspector has the right (in both cases without either the obligation or the duty), to contact directly each contractor, subcontractor and materialman to verify the facts disclosed by the list or for any other purpose.

Contractors and Contracts. On demand by Lender, Borrower will furnish to Lender from time to time correct lists of all contractors and subcontractors employed in connection with the Work. Each list will show the name, address, and telephone number of each contractor or subcontractor, a general statement of the nature of the work to be done, the labor and materials to be supplied, the names of material suppliers, if known, and the approximate dollar value of the labor, work, and materials with respect to each. Lender may contact directly each contractor, subcontractor, and material supplier to verify the facts disclosed by the list or for any other purpose. All contracts let by Borrower or its contractors relating to the Work will require them to disclose to Lender information sufficient to make that verification. All estimated direct costs of the Work will be covered by firm contracts or orders with contractors, subcontractors, or material suppliers acceptable to Lender. All those contracts and orders will be subject to the approval of Lender, and no contract or order may be amended or altered without the prior written approval of Lender.

Contractors and Contracts. Borrower shall submit to the Escrow Company a copy of the Sworn Construction Cost Statement, and shall advise Lender and the Escrow Company of the name of the construction firm engaged as general contractor ("GENERAL CONTRACTOR") for completion of the Project, as well as all subcontractors thereof (each a "SUBCONTRACTOR"). Borrower shall also furnish to Lender (and the Escrow Company if so requested) a copy of the Lump Sum Design-Build Agreement with the General Contractor (the "GENERAL CONTRACTOR'S CONTRACT") and, as may be requested by Lender or Escrow Company, each contract with each of the Subcontractors. Borrower shall keep the Escrow Company and Lender advised at all times of the names of all Subcontractors, and of the type of work, material or services and of the dollar amount covered by each of their respective contracts with Borrower. It is understood that only (a) the General Contractor, (b) those Subcontractors whose names, contract descriptions and, after

Contractors and Contracts. 44 Section 6.12 Evidence of Ownership of Materials.................... 44 Section 6.13 Changes to Plans and Specifications and Budget......

Contractors and Contracts