Demising Work Clause Samples
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Demising Work. (a) Subtenant and Sublandlord agree that the FCA Controlled Subleased Space is not separately demised from the balance of the Facility (the “Remaining Space”) as of the date hereof. In addition, the parties acknowledge that certain electrical and mechanical systems may not be separated in such a manner to permit Subtenant and Sublandlord to separately control the utilities and mechanical systems serving their respective premises. Prior to the Rent Commencement Date Sublandlord shall cause the FCA Controlled Subleased Space and the Remaining Space to be separately demised (the “Demising Work”). In addition, the Demising Work shall include sub-metering of the electrical service and compressed air to be consumed by Subtenant in the FCA Controlled Subleased Space. The Demising Work shall be performed at Sublandlord’s sole cost. Sublandlord shall determine the method, means and material for completing the Demising Work, subject to Subtenant’s prior approval, which shall not be unreasonably withheld, delayed or conditioned. The foregoing notwithstanding, the portion of the Demising Work involving the separation of the FCA Controlled Subleased Space from the Remaining Space may initially consist of marking with paint or other material on the Facility floor the perimeter outline of the FCA Controlled Subleased Space. Sublandlord shall instruct and train its personnel that the FCA Controlled Subleased Space, the Exclusive Use Areas and the Exclusive Use Assets are for the sole and exclusive use of Subtenant and its employees, other personnel and invitees. Subtenant shall instruct and train its personnel that the Remaining Space including, pursuant to Section 5.4(b) below, the Navistar Controlled Subleased Space (other than the Common Areas and the Exclusive Use Areas) is for the sole and exclusive use of Sublandlord and its employees, other personnel and invitees.
(b) If during the Term either Subtenant or Sublandlord reasonably determines that installation of a wall or other means of physically separating the FCA Controlled Subleased Space from the Remaining Space (the “Additional Demising Work”) is necessary or desirable, it shall so notify the other party thereof. The Additional Demising Work shall be promptly performed by Sublandlord and the cost of such Additional Demising Work shall be shared equally between Sublandlord and Subtenant. Subtenant shall reimburse Sublandlord for one-half of the costs associated with the Additional Demising Work within thirty (30...
Demising Work. Landlord shall perform the demising and other work described on Schedule 1 (the “Demising Work’’). Unless otherwise stated on Schedule 1, Landlord shall use building standard materials or other good quality materials selected by Landlord. Landlord shall perform the Demising Work at its cost without charge against the Allowance.
1. Provide a separate electrical meter for the Premises
2. Kitchen area work • Repair and close up the drop ceiling • Install sink and dishwasher connection where one previously existed • Demo and remove the old cabinetry • Repair the existing tile flooring
3. Remove the existing racking in the areas shown below
Demising Work. If Landlord exercises its recapture right pursuant to this Section 14.4, and the portion of the Premises recaptured by Landlord is not separately demised from the remainder of the Premises (i.e., the portions of the Premises located within the adjacent Building), Landlord, at Landlord’s sole cost and expense, shall construct or cause to be constructed a demising wall separating that portion of the Premises recaptured by Landlord from that portion of the Premises retained by Tenant; provided that, Tenant hereby agrees that, notwithstanding Tenant’s occupancy of its retained portion of the Premises during the construction of such demising wall by Landlord, Landlord shall be permitted to construct such demising wall during normal business hours, without any obligation to pay overtime or other premiums, and the construction of such demising wall by Landlord shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent, and Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the construction of such demising wall, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of its retained portion of the Premises or of Tenant’s personal property or improvements resulting from the construction of such demising wall, or for any inconvenience or annoyance occasioned by the construction of such demising wall.
Demising Work. Landlord shall perform certain work in demising the Additional Premises into the portion of the Existing Premises on the fourth floor of the Building and in altering the common corridor on the fourth floor of the Building necessitated by Tenant’s leasing of the Additional Premises, all as more particularly described in scope of work prepared by Peacock Partnership, Inc., a copy of which is attached to this Amendment as Exhibit B (the “Demising Work”). Tenant shall pay to Landlord, within ten (10) days after Landlord’s written demand therefor, a portion of the cost incurred by Landlord in performing the Demising Work equal to $5,251.00 plus an administrative fee equal to three percent (3%) of the foregoing amount (“Demising Work Cost”). Tenant shall grant Landlord and Landlord’s contractors such access as to the Premises as may be necessary or desirable for Landlord to complete the Demising Work, and no such entry shall be deemed an eviction or a partial eviction or entitle Tenant to abatement of rent or any other remedy. Tenant shall cooperate with Landlord in the performance of the Demising Work, including, without limitation, moving employees, furniture, equipment and other personal property as may be reasonably requested by Landlord in order to ensure the expeditious and safe completion of the Demising Work.
Demising Work. Sublessor and Sublessee acknowledge and agree that Sublessor may at some point during the Sublease Term sublease certain office space located outside of and adjacent to the Subleased Premises (the “Adjacent Office Space”), and that prior to such subletting, Sublessor, at Sublessor’s expense, shall demise the Adjacent Office Space from the Subleased Premises in accordance with applicable codes. The parties acknowledge and agree that the Adjacent Office Space is not part of the Subleased Premises and Sublessee covenants and agrees that it has no right to, and shall not, use the Adjacent Office Space during the Sublease Term. In the event that Sublessor demises the Adjacent Office Space, Sublessee agrees to cooperate with Sublessor in order for Sublessor and its agents and contractors to perform the necessary construction and to grant to such parties reasonable access to the Subleased Premises to the extent necessary to perform such construction.
Demising Work. (a) For purposes of this Agreement, the following terms shall have the following meanings:
Demising Work. Tenant hereby acknowledges and agrees that Landlord shall, at Landlord’s sole cost and expense, separately demise the Initial Termination Space from the remaining Premises (the “Initial Demising Work”), in which event (i) Landlord shall be permitted to complete the Initial Demising Work during normal business hours, without any obligation to pay overtime or other premiums, (ii) the completion of the Initial Demising Work shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent under the Lease, as hereby amended, or entitle Tenant to any other damages of any kind. Landlord shall use commercially reasonable efforts to match the Tenant’s existing finishes in the Premises. In addition, Landlord shall use commercially reasonable efforts to not interfere with Tenant’s use of the Premises. Other than such Initial Demising Work, Tenant hereby acknowledges and agrees that Landlord have no obligation to repair, remodel, alter or otherwise modify the Premises, and Tenant shall continue to accept the Premises in its currently existing, “as-is” condition.
Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows:
(a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof.
(b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “Final Drawings”.
(c) Tenant will cause th...
Demising Work. The Premises Retained Space will be demised to be completely functional, separate and independent from the Returned Space, including without limitation, installation of a demising wall and separation or sub metering of utilities whereby Tenant’s use of the utility can be measured and verified. Landlord shall proceed with diligence, at Landlord's sole cost and expense, in performing the demising work required to effectuate Tenant’s approved space reduction proposal within acceptable and reasonable timeframes. All Landlord's Work shall be coordinated with Tenant's named representative to ensure that the Premises are at all times secure. Landlord and Tenant agree to coordinate architectural work to allow concurrent design of Tenant’s remaining space during the creation of Landlord’s demising plan. Landlord shall keep Tenant apprised of the schedule and progress of the demising work weekly and as dictated by changes in work that affect the Tenant. The work required to reduce the Premises shall commence immediately after Landlord approves, or is deemed to approve, a Tenant space reduction proposal. At all times, the demising work shall be performed in a good and workmanlike manner using techniques designed to minimize interference with Tenant’s use of the Premises and expedite completion of Tenant’s Retained Space.
Demising Work. Landlord and Tenant hereby acknowledge and agree that, as of the date hereof, the Premises comprises a portion of a larger undemised space (the "Adjacent Space"). Landlord, as part of the Tenant Improvements (defined in Section 2.1 below), shall cause the Premises to be separately demised from the Adjacent Space by the construction of a new, Building-standard demising wall (the "Demising Wall"), which Demising Wall shall be installed in the location approximately depicted on Schedule 1, attached hereto (the exact location of which shall be reasonably approved by Landlord and Tenant) (the "Demising Work"). Such Demising Work may include, without limitation, (i) the separation of all mechanical, electrical, plumbing ("MEP") and HVAC systems affected thereby and any necessary balancing of the HVAC in the Premises and the Adjacent Space, (ii) the closure of the ceilings on both sides of the Demising Wall, (iii) the performance of all work required to ensure that all HVAC, fire sprinklers and fire/life safety systems, lights and outlets on each side of the Demising Wall shall be fully operational and in compliance with applicable Requirements, (iv) the installation of studs, acoustical insulation and dry wall ready for finish on both sides of the Demising Wall and any necessary penetrations, fire dampers and sound traps, and (v) the painting and/or finishing of both sides of the Demising Wall. All costs incurred by Landlord in connection with the Demising Work shall be deducted from the Tenant Improvement Allowance (defined in Section 2.1, below).