Common use of Demising Work Clause in Contracts

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. 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 expensecost, shall construct or cause the following work to be constructed performed, using Building standard methods and materials: (a) installation of a demising wall separating that portion between the Reduction Space and the Balance of the Premises recaptured by Landlord from that portion Existing Premises, including studs and dry wall ready for finish on the side of the Premises retained by Tenant; provided that, Tenant hereby agrees that, notwithstanding Tenant’s occupancy of its retained portion Balance of the Existing Premises, (b) splitting of the HVAC system and lighting serving the Premises during the construction of such demising wall as required, as reasonably determined by Landlord, Landlord (c) ceiling grid cut and repair as required, as reasonably determined by Landlord, and (d) installation of new Building standard egress from the Balance of the Existing Premises, as shown on Exhibit B attached hereto. Tenant shall be permitted responsible, at Tenant’s sole cost (subject to construct such demising wall the Work Letter attached hereto as Exhibit C) for all finishes in connection with the Demising Work within the Premises. Tenant acknowledges and agrees that the Demising Work may be performed during normal Building Service Hours after the Reduction Effective Date. Landlord and Tenant shall cooperate with each other in order to enable the Demising Work to be performed in a timely manner and with as little inconvenience to the operation of Tenant’s business hoursas is reasonably possible. Notwithstanding anything contrary provision of this Amendment, without any obligation delay in the completion of the Demising Work or inconvenience suffered by Tenant during the performance of the Demising Work shall not delay the Reduction Effective Date, nor shall it subject Landlord to pay overtime any liability for any loss or other premiums, and the construction of such demising wall by Landlord shall in no way constitute a constructive eviction of Tenant nor damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of Rentrent or other sums payable under the Lease, 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 wallas amended.