Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease.
Appears in 2 contracts
Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Improvements. Landlord and Tenant have approved that certain space plan for (a) No later than September 1st of each calendar year during the Premises prepared by Hooks ASDLease Term, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant Lessee shall cooperate notify Lessor in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive writing of any and all benches, furniture, fixtures, and equipment (collectively, Improvements that Lessee proposes to make pursuant to the “Tenant FF&E”)) identified on O&M Agreement in the Approved Working Drawings (the “Improvements”)succeeding calendar year. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements Each such notice shall include, without limitation, : (i) one (1) coat a description of Building standard paint, with the “base” color Improvements and the design and material equipment to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for used in connection with such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), Improvements; (ii) Building standard carpet selected by Landlorda proposed timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) wall or floor feedsthe expected total and monthly capital costs for Lessee to design, as applicableengineer, procure, permit and construct each of the respective Improvements. Lessee shall endeavor to Tenant’s benches (as opposed provide to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications Lessor such additional information with respect to the Improvements as Lessor may reasonably request.
(b) Lessee shall be obligated to cause to be obtained any Authorizations required to design, engineer, procure, permit, construct and operate any Improvement, including any PSCW Authorizations that would be applicable if the Improvement was proposed to be constructed and/or owned by a public utility in Wisconsin. The Parties agree that they will not, either separately or jointly, attempt to avoid PSCW regulation and oversight of Improvements, including by dividing an Improvement into a series of renewals, replacements, improvements, enhancements, modifications, alterations or additions any one or a number of which would not be of sufficient cost to mandate PSCW oversight.
(c) Lessor shall finance all capital costs with respect to any Improvement so long as the Approved Space Plan or Lessee’s senior unsecured indebtedness is rated at least Investment Grade. Lessee shall advise Lessor as to: (i) the Approved Working Drawings final design and material equipment to be used in connection with the Improvements; (once completedii) or require the installation final timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) the total capital costs and the monthly capital costs required to design, engineer, procure, permit and construct each of the Improvements.
(d) If Lessor does not agree to fund the cost of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlordor otherwise is unable to do so, which consent Lessee may make, or cause to be withheld in Landlord’s sole discretion if made, any such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseImprovements.
Appears in 2 contracts
Sources: Facility Lease Agreement (Mge Energy Inc), Facility Lease Agreement (Madison Gas & Electric Co)
Improvements. Landlord 7.1 Spectrum hereby acknowledges that Zentaris is the owner of all Inventions and/or Improvements developed by Zentaris and Tenant have approved that certain space plan Spectrum shall acquire no rights, title or interest whatsoever in or to any such Inventions and/or Improvements, except as specifically provided herein.
7.2 In the event that, during the continuance of this Agreement, Zentaris develops any Improvements with respect to the use of Contract Products and/or D-63153 in the Field, Zentaris shall furnish Spectrum with timely written notice of such Improvements, and shall furnish Spectrum with a data package which, in Zentaris' reasonable opinion, contains all information, know-how and other data as Spectrum will require in order to implement such Improvements. Zentaris shall, and hereby does, grant Spectrum an exclusive, perpetual, royalty-free license to use all Improvements and all information, know-how and other data pertaining to all Improvements furnished by Zentaris to Spectrum hereunder for the Premises prepared purpose of developing, selling, offering for sale and importing Contract Products and/or D-63153 in the Field and in the Territory, and subject to the limitations as provided for in Section 2 above.
7.3 Zentaris hereby acknowledges that Spectrum is the owner of all Inventions and/or Improvements developed by Hooks ASDSpectrum and Zentaris shall acquire no rights, dated title or interest whatsoever in or to any such Inventions and/or Improvements, except as of April 14specifically provided herein.
7.4 In the event that, 2011 (during the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery continuance of this LeaseAgreement, Tenant Spectrum develops any Improvements with respect to the use of Contract Products and/or D-63153 in the Field, Spectrum shall cooperate in good faith furnish Zentaris with Landlord’s architects and engineers to supply timely written notice of such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the PremisesImprovements, and the final architectural working drawings shall furnish Zentaris with a data package which, in a form which is complete Spectrum's reasonable opinion, contains all information, know-how and other data as Zentaris will require in order to allow subcontractors to bid on the work implement such Improvements in Zentaris' Regulatory Approvals and to obtain all applicable permits and in a manner consistent withfor manufacture, production, distribution, marketing, sale and/or use of any products whatsoever. Spectrum shall, and which are a logical extension ofhereby does, grant Zentaris an exclusive, worldwide, perpetual, royalty-free license to use all Improvements and all information, know-how and other data pertaining to all Improvements furnished by Spectrum to Zentaris hereunder, outside the Territory and within the Territory outside the Field for any purpose whatsoever.
7.5 Each Party shall be entitled to disclose all Improvements disclosed to it by the other Party during the period of this Agreement to, in Zentaris' case, its licensees and, in Spectrum's case, its sublicensees. During the term of this Agreement, the Approved Space Plan (as reasonably determined use of Zentaris' Improvements by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction any sublicensees of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord Spectrum and the “accent” color to be selected use of Spectrum's Improvements by Tenant within three (3) business days following Landlord’s request for any licensee of Zentaris is free of charge. All information regarding such selection (provided that such accent color must be reasonably available Improvements and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements Inventions shall be deemed Landlord’s property under Confidential Information and each Party, and each of its licensees, shall keep such information confidential pursuant to the terms of this LeaseSection 12.
Appears in 2 contracts
Sources: License and Collaboration Agreement (Spectrum Pharmaceuticals Inc), License and Collaboration Agreement (Spectrum Pharmaceuticals Inc)
Improvements. Landlord and Tenant have approved that certain space plan for Notwithstanding anything to the Premises prepared by Hooks ASDcontrary in this Agreement, dated as of April 14if PARI develops an incremental Improvement, 2011 (then PARI shall incorporate such Improvement into the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall includeDevice, without limitationfurther consideration, if (i) one (1) coat of Building standard paint, with it is not contractually prohibited from doing so by the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for agreement under which such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)Improvement was developed, (ii) Building standard carpet selected by LandlordPARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) wall it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or floor feedsa new 510(k) is or will be filed), as applicablethen PARI shall, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on it has the Approved Space Plan and/or right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Approved Working DrawingsDevice in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. Tenant If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall make no changesbe automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements Transave shall be deemed Landlord’s property to have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave's rights under the terms of this LeaseAgreement shall not be restricted or limited in any way.
Appears in 2 contracts
Sources: License Agreement (INSMED Inc), License Agreement (Insmed Inc)
Improvements. Landlord and (a) Tenant have approved that certain space plan for shall construct all Improvements in accordance with Laws applicable to the Premises prepared by Hooks ASDand substantially in accordance with Tenant’s Preliminary Plans. Attached hereto as Exhibit “C” are conceptual plans and preliminary exterior plans showing the general design of the building(s) to be erected, dated as the exterior footprint of April 14the Improvements to be constructed on the Premises and the general layout of the Premises in terms of access roads, 2011 parking and landscaping (the “Approved Space PlanTenant’s Preliminary Plans”). The Approved Space Plan is attached parties acknowledge and agree that Landlord intends to this Work Letter develop the Site as Schedule 1. Immediately following Tenant’s execution a first-class office, science and delivery technology campus, and that the aesthetics of this Lease, Tenant shall cooperate in good faith with the Improvements and overall design of the Premises have a material effect on Landlord’s architects goals and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”)plans. Notwithstanding the foregoing, Landlord Tenant shall have no obligation to construct the Improvements in accordance with Tenant’s Preliminary Plans and Tenant acknowledge and agree may alter, increase or reduce the scope of any planned Improvements, whether or not depicted on the Tenant’s Preliminary Plans; provided, however, that the Improvements shall includeat all times be consistent with a first-class office, without limitationscience and technology campus.
(b) Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right to terminate this Lease, at Landlord’s sole discretion, in the event that either (ia) one Tenant fails to commence construction of the Improvements within six (16) coat months of Building standard paintthe completion of the Phase 1 Landlord’s Work, or (b) following such commencement of construction, such construction is not completed (to be evidenced by a permanent certificate of occupancy having been issued for the Improvements) on or before the date that is twenty-four (24) months from the date of commencement of construction; provided, however, that each of the foregoing time periods shall be automatically extended due to delays caused by force majeure. The parties agree to confirm in writing the date of completion of the Phase I Landlord Work and the commencement of construction of the Improvements. Landlord may exercise the foregoing termination right, if at all, by giving written notice of such termination to Tenant within ten (10) days following the expiration of the applicable time period and thereupon this Lease shall terminate on the date thereof, as though such date were the date set forth in this Lease for the expiration of the Term. Failure of Landlord to provide such written termination notice within said ten (10) day time period shall cause such termination right to be null and void.
(c) Where possible, Landlord shall permit Tenant to deposit any excess waste, soil or other materials generated from any excavations, grading and utility installations in connection with the “base” color to be selected by Landlord and construction of the “accent” color to be selected by Tenant Improvements in a location within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected Site designated by Landlord, and (iii) wall or floor feeds, in a manner as applicable, directed by Landlord so as to Tenant’s benches (as opposed to distribution through Tenant’s benches) to stabilize the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in same and consistent with Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter intended development of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseSite.
Appears in 2 contracts
Sources: Ground Lease (Bloom Energy Corp), Ground Lease (Bloom Energy Corp)
Improvements. Landlord All improvements in and to the Premises as of the Commencement Date (other than Tenant’s Property or except as may be otherwise expressly set forth herein), including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least ninety (90) days prior to the Termination Date (a “Removal Demand”), may require Tenant, at its expense, to remove any of the following, provided however, in no event shall Tenant have approved that certain space plan any obligation to remove any Leasehold Improvements which were a part of the Delivery Condition of the Premises:
(a) any cable and any wiring or cabling in conduit to the extent installed by or for the benefit of Tenant (collectively, “Removable Cabling”),
(b) any slab cuts other than a reasonable quantity of holes (each not exceeding 4 inches in diameter or exceeding ten (10) feet in length) for conduits, pipes and ducts,
(c) any vaults installed by or for the benefit of Tenant,
(d) all improvements, signage, and equipment of any nature whatsoever made by or on behalf of Tenant;
(e) any back-up power system installed by or for the benefit of Tenant, and any other similar equipment that, in Landlord’s reasonable judgment, is of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements;
(f) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements or are not customarily found in first class office buildouts. (collectively, “Required Removables”), and to repair and restore in a good and workmanlike manner to a condition which is customary and reasonable for such removal any damage to the Premises prepared or Building caused by Hooks ASDsuch removal (but without requirement to replace carpeting, dated as wall coverings or other finishes, and further assuming that the existing Leasehold Improvements will be demolished, unless Landlord has then executed a new Lease for the relevant portion of April 14, 2011 the Premises and has a reasonable basis to believe that the new tenant does not intend to demolish the applicable areas) (the “Approved Space PlanRestoration Standard”). The Approved Space Plan is attached If Landlord determines that a future tenant will use any item that qualifies as a Required Removable or if Landlord intends to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Leasedemolish such space, then Tenant shall cooperate in good faith with Landlord’s architects and engineers not be obligated, but nevertheless may elect, to supply such information as is necessary to allow Landlord’s architects and engineers to complete remove (or pay for) the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”)same. Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements Required Removables shall include, without limitation, (i) one (1) coat of Building standard paintinternal stairways, with the “base” color to be selected by Landlord raised floors, personal baths and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)showers, (ii) Building standard carpet selected by Landlordvaults, rolling file systems, and (iii) wall structural alterations and modifications. It is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building Standard doors and non-glued down carpeting or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costsLandlord Work. Notwithstanding the foregoing foregoing, Tenant shall not be required to restore any improvements upon the expiration or any contrary provision termination of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseLease except the items identified on Exhibit K attached hereto.
Appears in 2 contracts
Sources: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)
Improvements. Landlord and (a) Following execution of this Amendment, Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as of April 14, 2011 shall enter into one or more construction contracts (each a “Construction Contract”) with ▇▇▇▇▇▇ Commercial Construction Company d/b/a Eagleview Commercial Construction Company (the “Approved Contractor”) as general contractor who shall perform and manage the construction of the alterations and improvements in the Leased Space Plan”). The Approved Space Plan is attached conforming to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (Tenant Improvement Plans, as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings such term is hereinafter defined (the “Improvements”). Tenant’s specifications and plans for the Improvements to the Leased Space (the “Improvement Plans”) shall be prepared by Tenant’s architect, which architect shall be subject to the approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord hereby approves ▇▇▇▇▇▇ Wyper Architects as Tenant’s architect. Such Improvement Plans will be prepared in sufficient detail to permit Contractor to construct the Improvements, and shall include partition layout (dimensioned), door location and door schedule including hardware, reflected ceiling plan, telephone and electrical outlets with locations (dimensioned), special electrical, HVAC and/or plumbing work, mechanicals, special loading requirements, such as the location of special equipment, openings in the walls or floors, all necessary sections and details for special equipment and fixtures, and finishes including, without limitation, carpentry and millwork, floor coverings, wall coverings, color schedules, and any other special finishes. The Improvement Plans shall be prepared in accordance with applicable laws and code requirements and in accordance with the terms of the Lease (including Sections 8 and 9, as amended). Within ten (10) business days of Landlord’s receipt of the Improvement Plans, Landlord shall notify Tenant as to whether Landlord approves of the Improvement Plans, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s failure to notify Tenant in writing within such ten (10) business day period will constitute Landlord’s approval thereof. Upon approval or deemed approval by Landlord, the Improvement Plans shall become final and shall not be materially changed without Landlord’s further approval, which shall not be unreasonably withheld, conditioned or delayed, and shall be subject to the same timeframe for approval and deemed approval as provided above (as finally approved, the “Approved Tenant Improvement Plans”). The parties agree that (i) Contractor is approved as the general contractor, (ii) Tenant shall have the right to require the use of certain sub-contractors to perform certain specialty work related to the lab improvements in the Leased Space, subject to the approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; and (iii) the sub-contractors identified on Exhibit A attached hereto are approved by Landlord and Tenant. Landlord’s consent shall not be considered to be unreasonably withheld if any such sub-contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the terms of the Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than 125% of the total estimated cost of the portion of the Improvement work which such sub-contractor is performing, or (iv) is not licensed as a contractor in the state/municipality in which the Leased Space is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a sub-contractor.
(b) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and cure periods, effective on and after execution of this Amendment, Landlord agrees to contribute the sum of $500,000 (the “2021 Allowance”) to be applied towards the cost of the general fit-out Improvements (i.e., carpet and paint, but specifically excluding any lab improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below.
(c) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and cure periods, and that Tenant has paid to Contractor at least $5,000,000 towards construction of the Improvements (which sum may not include any costs or expenses applied towards equipment or any portion of the 2021 Allowance previously utilized), on and after April 1, 2022, Landlord agrees to contribute (by way of payment directly to Contractor) the sum of $2,000,000 (the “2022 Allowance”) to be applied towards the cost of the Improvements (including, but not limited to, the cost of preparing design and construction documents and mechanical and electrical plans for the Improvements, the cost of city permits, and for hard costs in connection with the Improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below. Notwithstanding the foregoing, Landlord shall not be required to pay to Contractor nor shall Tenant be entitled to any portion of the 2022 Allowance unless and until the later of the following has occurred (i) April 1, 2022 or (ii) Tenant acknowledge has paid to Contractor at least $5,000,000 for construction of the Improvements as set forth above.
(d) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and agree cure periods, and that Tenant has paid to Contractor at least an additional $8,000,000 towards construction of the Improvements to the Leased Space (which sum may not include any costs or expenses applied towards equipment nor any portion of the 2021 Allowance or 2022 Allowance previously utilized), on and after April 1, 2023, Landlord agrees to contribute (by way of payment directly to Contractor) the sum of $3,500,000 (the “2023 Allowance”, together with the 2021 Allowance and the 2022 Allowance, sometimes hereinafter collectively referred to as the “Allowance”) to be applied towards the cost of the Improvements (including, but not limited to, the cost of preparing design and construction documents and mechanical and electrical plans for the Improvements, the cost of city permits, and for hard costs in connection with the Improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below. Notwithstanding the foregoing, Landlord shall not be required to pay to Contractor nor shall Tenant be entitled to any portion of the 2023 Allowance unless and until the later of the following has occurred (i) April 1, 2023 or (ii) Tenant has paid to Contractor at least an additional $8,000,000 for construction of the Improvements as set forth above. Notwithstanding satisfaction of the conditions set forth in the prior sentence, Landlord shall be permitted, in Landlord’s sole but reasonable discretion, to withhold up to $2,500,000 of the 2023 Allowance until such time as Landlord determines that Tenant’s financial strength is adequate to satisfy Tenant’s monetary obligations under the Lease.
(e) Any portion of the Allowance to be applied toward the cost of the Improvements, shall be paid directly to Contractor within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and materials expended and used in the Improvements; (2) full and final/partial waivers of lien (as appropriate); and (3) the certification of Tenant’s architect and engineer of design that the Improvements have been installed in a good and workmanlike manner in accordance with the approved plans, and in accordance with applicable Laws, codes and ordinances. The Allowance shall includebe disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Allowance towards the cost of the Improvements during the continuance of an uncured Event of Default by Tenant under the Lease, and Landlord’s obligation to disburse or apply the Allowance shall only resume when and if such Event of Default is cured.
(f) Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Improvements and/or Allowance.
(g) Each Construction Contract shall set forth the Improvements to be completed pursuant to such Construction Contract. In addition, each Construction Contract shall include a schedule (each a “Schedule”) created by Contractor, Landlord and Tenant (working in good faith) establishing an estimated completion date for the Improvements covered by such Construction Contract (each a “Target Completion Date”). Contractor shall work diligently and in good faith to complete the Improvements contained in each Construction Contract by the Target Completion Date established on the Schedule for the specific Construction Contract. With respect to each Construction Contract, Contractor shall be entitled to collect and deduct from the Allowance paid pursuant to such Construction Contract a contractor’s fee in an amount equal to 7% of the total cost of the Improvements (i.e. the Cost of Work as defined in the then current edition of the AIA Standard Form of Agreement between Owner and Contractor) applicable to the Construction Contract, which Cost of Work shall specifically exclude any amounts paid towards specialty equipment purchased and installed and warranted by Tenant and any fines or penalties assessed against the project resulting from violations of applicable laws and codes, including without limitation, OSHA, by Contractor or any of its sub-contractors or suppliers within Contractor’s control. Contractor will cause the construction of the Improvements under each Construction Contract to commence in accordance with the Schedule and shall Substantially Complete the Improvements on the Schedule on or before the date which is thirty (30) days following the date specified on the Schedule (subject to automatic extension for any delay cause by Force Majeure or Tenant Delay) (the “Target Date”). In the event that the Improvements for a Construction Contract are not Substantially Complete within thirty (30) days of the Target Date (“Outside Completion Date”) of such Construction Contract, Contractor’s contractor fee shall be automatically reduced by 1% on the first day following the Outside Completion Date and again, if applicable, by an additional 1% each for thirty (30) day period thereafter until such Improvements have been Substantially Completed. Notwithstanding anything to the contrary, each Construction Contract and its related Schedule shall be applicable only to those Improvements contained therein.
(h) As used herein, (i) “Force Majeure” shall mean matters outside of Contractor’s reasonable control including, but not limited to the following: strikes, lockout, or labor disputes; failure or interruption of or delay in the availability of any one or more public utilities at the Building for the use of Contractor or its sub-contractors; delays due to governmental regulation or actions or inaction of local, state or federal governments [including, without limitation, (i) one (1) coat any extraordinary delays in issuing building permits, certificates of Building standard paintoccupancy or other similar permits or certificates]; riots, with acts of the “base” color public enemy, war, invasion, insurrection, mob violence, sabotage or malicious mischief; storm, flood, unusually severe weather or acts of God; fire, explosion, or casualty; inability to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlordprocure, or general shortages of, labor, equipment, facilities, materials or supplies; failure of transportation, epidemics, quarantine restrictions, freight embargoes, or any other cause event or circumstance, whether similar or dissimilar, beyond Contractor’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), control; (ii) Building standard carpet selected by Landlord“Substantially Complete”, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as or words of similar import shall mean that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall work to be deemed Landlord’s property under the terms of this Lease.performed by Contractor pursuant to a specific Construction Contract has
Appears in 2 contracts
Sources: Lease (Castle Creek Biosciences, Inc.), Lease (Castle Creek Biosciences, Inc.)
Improvements. Landlord and Tenant have approved that has established or may establish specifications for certain space plan for Building standard components to be used in the Premises prepared by Hooks ASD, dated as construction of April 14, 2011 (the “Approved Space Plan”)Improvements” (as that term is defined below) in the Premises. The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery quality of this Leasethe Improvements shall be materially consistent with the quality of such Building standards, Tenant shall cooperate in good faith with provided that Landlord may, at Landlord’s architects and engineers option, require the Improvements to supply such information as is necessary comply with certain Building standards. Landlord may make changes to allow Landlord’s architects and engineers to complete the architectural and engineering drawings said specifications for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”)from time to time. Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on improvements in the Approved Working Drawings Premises (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree ) pursuant to that the Improvements shall include, without limitation, certain space plan attached to this Work Letter as Schedule 1 (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by LandlordSpace Plan”), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” (as that term is defined in Article 22 of this Work Letter), below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter substantial completion of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease. Notwithstanding any provision to the contrary contained in this Work Letter, in the event that the cost to construct the Improvements (which costs shall include a coordination fee in an amount equal to the product of (i) seven percent (7%), and (ii) the total costs of the design and construction of the Improvements (and, if applicable, the Non-Conforming Improvements) in consideration for Landlord’s supervision of the same) will exceed a total amount equal to One Hundred Fifty-Eight Thousand Seven Hundred Four and 00/100 Dollars ($158,704.00) (i.e., Twenty-Eight and 00/100 Dollars ($28.00) per each of the usable square feet of the Premises) in the aggregate (the “Improvement Allowance Amount”) (subject to increase by the Converted Amount, if applicable, pursuant to Section 3.2 of this Lease), then all such excess costs shall be paid to Landlord by Tenant in advance within five (5) days following Tenant’s receipt of a request therefor. All such funds provided by Tenant shall be disbursed by Landlord and exhausted prior to disbursement of the Improvement Allowance Amount. Notwithstanding any provision to the contrary contained in this Lease or this Work Letter, in no event shall the Landlord be obligated to pay for (A) any moving costs or expenses related to Tenant’s move-in/occupancy of the Premises, and (B) any costs or expenses associated with the purchase, installation or maintenance of any furniture (including, but not limited to, the cost of any reception desks, credenzas or chairs (whether identified on the Space Plan or not)), fixtures, equipment, art, cabling, audio/visual equipment, telecommunications systems, access controls, security systems and equipment and office signage related to Tenant’s occupancy of the Premises. In no event shall any portion of the Improvement Allowance Amount be available for disbursement by Landlord in connection with the construction of the Improvements after December 31, 2019.
Appears in 2 contracts
Sources: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Improvements. Landlord 5.1 Owner owns a portion of the Land and Tenant have approved that certain space plan intends to construct or cause to be constructed the Improvements on the Land and to locate Tangible Personal Property at such Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement pursuant to this Agreement.
5.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to delays resulting from one or more events of Force Majeure and/or an uncured breach of a Related Agreement by City, to cause Completion of Construction of the Improvements on or before January 31, 2026, in phases as set forth below:
(a) By December 31, 2023 - Owner will cause Completion of Construction of a minimum of 2,500,000 square feet of Improvements;
(b) By December 31, 2024 - Owner will cause Completion of Construction of a minimum of an additional 800,000 square feet of Improvements, totaling 3,300,000 square feet of Improvements;
(c) By December 31, 2025 - Owner will cause Completion of Construction of an additional 2,000,000 square feet of Improvements, totaling 5,300,000 square feet of Improvements; and
(d) By January 31, 2026 - Owner will cause Completion of Construction of a minimum of an additional 700,000 square feet of Improvements, totaling 6 million square feet of Improvements.
5.3 Construction plans for the Premises prepared Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by Hooks ASD, dated as of April 14, 2011 (reference herein and made a part hereof for all purposes.
5.4 Owner agrees to maintain the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery Improvements during the Term of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise Agreement in accordance with Building standards (collectivelyall applicable state and local laws, codes, and regulations in all material respects, or shall diligently pursue the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive cure of any material non-compliance.
5.5 The City, its agents and all benches, furniture, fixturesemployees shall have the right of access to the Premises during and following construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and equipment (collectivelyin accordance with visitor access and security policies of the Owner, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree in order to ensure that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasevalid waiver thereof).
Appears in 1 contract
Sources: Tax Abatement Agreement
Improvements. Landlord (a) Tenant is already occupying the Premises and Tenant have approved that certain space plan accepts the same in its “as-is” condition for the Premises prepared by Hooks ASDExtension Term, dated except as expressly provided herein and subject to the terms and conditions of April 14the Lease, 2011 including but not limited to the parties’ maintenance, repair and replacement obligations under the Lease. Landlord will, at its sole cost and expense (the except as set forth below and without regard to estimated costs set forth on Exhibit “Approved Space PlanC” or “D”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution , which costs and delivery of this Lease, Tenant expenses shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the include all costs for architectural and engineering drawings for planning and documents, complete construction of the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise Premises in accordance with Building standards Space Plan 1 (showing new construction), Space Plan 2 (showing demolition work), the Scope of Work, ▇▇▇▇▇▇’▇ Mechanical HVAC Equipment Survey, and Fiberplus Quote for Richmond Location Access Control, attached hereto as Exhibits “A”, “A-1,” “B,” “C” and “D” respectively and incorporated herein by this reference (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). As set forth in the Scope of Work, Landlord shall, at its sole cost and expense (except as set forth below and without regard to estimated costs set forth on Exhibit “C” or “D”), replace the HVAC units identified as Unit Numbers 31, 32, and 35 with similarly sized comparable units and perform all work associated with the installation of data, telephone and security systems serving the Premises. Notwithstanding any provision of this Amendment to the foregoingcontrary, if Tenant requests any changes to the Space Plans, the Scope of Work, the approved drawings and specifications or any additional work (the “Tenant Changes”), Tenant must present Landlord with revised drawings and specifications. As a condition of its approval, Landlord shall require that Tenant pay for the cost of the Tenant Changes. If Landlord approves the Tenant Changes, Landlord will incorporate such changes in the Improvements. The cost of the Tenant Changes shall be deemed additional rent and shall be paid by Tenant to Landlord within ten (10) days following receipt or refusal of an invoice from Landlord regarding the same.
(b) Landlord’s obligations with respect to improvements and alterations of the Premises shall be limited to the Improvements. Otherwise, Landlord will provide the Premises in its current “as is” condition, except as expressly provided herein and subject to the terms and conditions of the Lease, including but not limited to the parties’ respective maintenance, repair and replacement obligations under the Lease. The Improvements will be constructed using Building standard materials consistent with the materials used in comparable buildings in the Glen Allen, Virginia submarket and shall comply with the Americans with Disabilities Act, as amended, and the regulations issued pursuant thereto.
(c) The parties acknowledge that Landlord’s ability to complete the Improvements is dependant upon Landlord obtaining access to the Premises, which access is subject to the terms of the Lease. Tenant will be responsible for granting Landlord access to the Premises for the purpose of completing the Improvements and will permit Landlord unfettered access to the Premises in order to allow Landlord to complete the Improvements therein. Within a reasonable time period following the execution of this Amendment, Landlord and Tenant acknowledge and agree that shall establish a mutually-acceptable construction schedule for the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter completion of the Improvements (Landlord and Tenant each agreeing to negotiate in good faith to arrive at such mutually-agreeable construction schedule). Landlord agrees to promptly commence and thereafter diligently pursue completion of construction of the Improvements upon approval of the construction schedule, receipt of permits and approval of the plans. During the construction of the Improvements, Tenant shall not interfere with Landlord or would impose hinder Landlord in any additional costsway in its efforts to complete the Improvements. Notwithstanding In addition, Tenant shall timely remove all property from the foregoing portion of the Premises where work is being performed in order to facilitate Landlord’s ability to complete construction of the Improvements. The parties acknowledge that the completion of the Improvements may interfere with the Tenant’s use of the Premises, and it is hereby expressly agreed that such interference shall not be deemed a constructive eviction of Tenant, nor shall it work an abatement of Base Rent or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property other amounts due under the terms Lease. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations during the construction of this Leasethe Improvements, which shall not obligate Landlord to construct the Improvements during non-business hours or on weekends.
Appears in 1 contract
Sources: Lease (TopBuild Corp)
Improvements. Landlord and Tenant have approved Lessor has established or may establish specifications for certain Building standard components to be used in the construction of the “Improvements” (as that term is defined below) in the Premises. The quality of the Improvements shall be materially consistent with the quality of such Building standards, provided that Lessor may, at Lessor’s option, require the Improvements to comply with certain space plan Building standards. Lessor may make changes to said specifications for Building standards from time to time, which changes shall only be applicable to the Premises prepared by Hooks ASD, dated as after the completion of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”)Improvements. Using Building standard materials, methods, components and finishes, Landlord in a good and workmanlike manner, Lessor shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on improvements in the Approved Working Drawings Premises (the “Improvements”) pursuant to that certain space plan and basis of design attached to this Second Amendment as Exhibit B (the “Space Plan”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant Lessee shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” (as that term is defined in Article 22 of this Work Letter), below without the prior written consent of LandlordLessor, which consent may be withheld in LandlordLessor’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter substantial completion of the Improvements or would impose any additional costs (unless Lessee agrees to bear such additional costs). Notwithstanding the foregoing or any contrary provision of this LeaseSecond Amendment, all Improvements shall be deemed LandlordLessor’s property under the terms of the Lease (as amended) and Lessee shall neither be required to remove the Improvements nor any other Alterations or Utility Installations that are currently within the Premises at the expiration or earlier termination of the Lease. In addition, to the extent that any code compliance upgrades are required in the Premises or Common Areas in order to allow Lessee to obtain a certificate of occupancy, or its legal equivalent, for the Premises for research and development and related laboratory, office, and administrative uses assuming normal and customary office occupancy density, Lessor, at Lessor’s sole cost and expense (i.e., not to be included in Operating Expenses) shall cause the Common Areas and the Premises to comply with applicable building codes and other governmental laws and ordinances, and regulations related to handicap access, which were enacted and enforced as of the date of this LeaseSecond Amendment.
Appears in 1 contract
Sources: Standard Multi Lessee Office Lease Net (Constellation Alpha Capital Corp.)
Improvements. Landlord and Tenant have approved that certain space plan for agrees to perform, at Landlord's expense (except as hereinafter provided), the work ("Landlord's Work") within the Premises prepared by Hooks ASDdescribed in or shown on, dated and substantially in accordance with, the Construction Drawings. Tenant shall, at its expense (except as of April 14provided in the next sentence), 2011 prepare the construction drawings (the “Approved Space Plan”)"Construction Drawings") for Landlord's Work. The Approved Space Provided that Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods and shall have taken occupancy of the Premises for business, Landlord shall reimburse Tenant up to $55,908.17 (the "Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete Allowance") for the architectural and engineering drawings fees incurred by Tenant in preparing the Construction Drawings, such reimbursement to be made within thirty (30) days of Landlord's receipt of a reasonably detailed invoice from Tenant describing such fees. The Construction Drawings shall be subject to Landlord's approval; and Landlord shall have the right, by notice to Tenant at or prior to the time of its approval of the Construction Drawings, to modify the Estimated Substantial Completion Date based upon the nature of the work shown on the Construction Drawings. Tenant agrees that the Construction Drawings shall be prepared in a diligent and efficient manner so that Landlord's final approval thereof is obtained by March 15, 1998. Tenant acknowledges and agrees that the general contractor for Landlord's Work shall be B▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & E▇▇▇▇▇ Inc. ("BB&E"). The general contractor's fee to be charged by BB&E shall not exceed three (3%) percent of the Premises, aggregate costs of Landlord's Work; and the final architectural working drawings in a form which is complete general conditions component of the costs of Landlord's Work shall not comprise more than six (6%) percent of the aggregate costs of Landlord's Work. Landlord agrees to allow subcontractors require BB&E to bid on obtain, to the work and to obtain all applicable permits and in a manner consistent withextent reasonably obtainable, and which are a logical extension of, the Approved Space Plan bids from no more than five (as reasonably determined by Landlord5) and otherwise in accordance with Building standards no less than three (collectively, the “Approved Working Drawings”)3) subcontractors for all trades necessary to complete Landlord's Work. Using Building standard materials, methods, components and finishes, Landlord All subcontractor bids shall cause the installation and/or construction be subject to Tenant's approval. If Tenant fails to respond to a request for approval of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant a subcontractor bid within three (3) business days following of Landlord’s 's request therefor, such approval shall be deemed given. Landlord agrees to undertake construction of the Premises in accordance with the provisions hereof in a good and workmanlike fashion and in compliance with applicable codes. Without limiting the foregoing, Landlord shall, at its expense (in addition to the Plan Allowance and Landlord's Contribution, as hereinafter defined), cause the restrooms on each floor of the Premises to comply with the ADA as in effect on the date hereof. Tenant's vendors and contractors shall be permitted entry to the Premises prior to the Term Commencement Date for the installation of Tenant's equipment and furnishings (including cabling and wiring) and the performance of such selection other work as Tenant may desire (subject to the provisions of Section 5.5 hereof), provided that such accent color must be reasonably available installation and otherwise reasonably coordinate other work shall not unreasonably interfere with the “base” color selected performance of Landlord's Work. Landlord shall use reasonable efforts to coordinate and schedule Landlord's Work so that Tenant may perform its work on a floor-by-floor basis. In the event that Tenant shall request and Landlord shall approve supplementary plans or specifications or work or changes to the Construction Drawings, then Landlord shall render to Tenant an estimate of the additional cost of such plans or specifications, work or changes and (unless such cost, when added to the other costs of Landlord's Work, will not exceed Landlord's Contribution) Tenant shall pay such amount to Landlord prior to Landlord having any obligation to undertake any such work; provided, however, that Tenant shall be responsible for any delays in the performance or substantial completion of Landlord's Work on account of any such supplementary plans or specifications, work or changes requested by Landlord)Tenant. Landlord shall notify Tenant of any such delays, (ii) Building standard carpet selected and of any delays caused by any change order requests initiated by Landlord, promptly upon Landlord becoming aware of the same. The costs and (iii) wall expenses to prepare any supplementary plans or floor feeds, as applicable, specifications or to Tenant’s benches (as opposed to distribution through Tenant’s benches) make any changes to the extent necessary based on Construction Drawings shall be Tenant's responsibility. Landlord shall respond to any request for approval under this paragraph within three (3) business days of Tenant's written request therefor; and if Landlord fails to respond within such three (3) business day period, Landlord's approval of the Approved Space Plan and/or supplementary plans or specifications or work or the Approved Working Drawingschanges to the Construction Drawings shall be deemed given. Landlord shall contribute $17.50 per square foot of rentable area of the Premises ("Landlord's Contribution") towards the costs of Landlord's Work, which costs shall include, without limitation, demolition costs and the costs, if any, incurred by Landlord to engage an architect or engineer to review the Construction Drawings to determine their compliance with the ADA. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent reimburse Landlord for all costs of Landlord's Work in excess of Landlord's Contribution within thirty (30) days of billing(s) from time to time (whether before or after the Term Commencement Date) therefor (accompanied by documentation supporting such excess costs). If Landlord's Contribution exceeds the costs of Landlord's Work and Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods, which consent may such excess shall, at Tenant's election, be withheld in Landlord’s sole discretion if paid by Landlord to Tenant within thirty (30) days of Tenant's notice to Landlord of such change election or modification would directly or indirectly delay the “Substantial Completion,” as that term be credited against Tenant's obligation to pay Base Rent until such excess is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasereduced to zero.
Appears in 1 contract
Improvements. Landlord and Tenant have approved that certain space plan for 3.1 In connection with obtaining the Premises prepared by Hooks ASD, dated as of April 14, 2011 (necessary governmental approvals to construct the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension ofImprovements, the Approved Space Plan (as reasonably determined Developer has and will continue to prepare engineering plans and drawings. Those engineering plans and drawings, after they have been approved by Landlord) the applicable governmental agency, will be submitted to the municipal engineer and/or the water and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feedssewer engineer, as applicable, for Barnegat Township (collectively the "Municipal Engineer") and shall thereafter be incorporated into and made a part of this Agreement. (the "Approved Plans") Thereafter the Developer shall construct the Improvements in accordance with the Approved Plans.
3.2 The parties acknowledge that the Order specifically, and subject to Tenant’s benches certain terms and conditions, requires the Developer to obtain all necessary governmental approvals for and then construct certain of the Improvements, which Improvements include but are not necessarily limited to (i) the construction of a new force main from the west side of the Garden State Parkway to the Barnegat Boulevard Gravity Sanitary System more particularity described in paragraph 10 of the Order; (ii) the construction of the Barnegat Boulevard interceptor sanitary sewer from West Bay Avenue to the existing phase one interceptor located north of Rose Hill Road, as more particularly described in paragraph 12 of the Order; and, (iii) the implementation of certain repairs to the Barnegat Boulevard/South gravity sewer infrastructure servicing the Settlers Landing Housing Project as more particularly described in paragraph 8 of the Order (the "Ordered Improvements"). The Developer will obtain all necessary governmental approvals for and then construct the Ordered Improvements in accordance with the terms and conditions set forth in the Order and this Agreement.
3.3 The parties acknowledge that in order to avoid unnecessary and duplicative costs, certain lot improvements necessary to obtain a Certificate of Occupancy for a single-family home, should be completed in connection with the construction of that home and not in connection with the installation and construction of the overall Improvements by the Developer. Consequently, and notwithstanding anything to the contrary, the following improvements shall be completed by the owner of any Lot seeking to construct a single-family home thereon (whether the Developer or its affiliates or the Independent Lot Owners): (i) concrete sidewalk, if required, across the length and frontage of each Lot in accordance with Township standards; (ii) lot grading within the boundaries of each Lot in accordance with the overall Grading Plan (as opposed to distribution through Tenant’s bencheshereinafter defined) to be included as part of the extent necessary based Approved Plans; (iii) concrete driveway aprons and (iv) all street trees and other landscaping reflected on the Approved Space Plan and/or Plans in the public right of way immediately adjacent to that particular Lot (collectively the "Lot Improvements"). The Lot Improvements shall be completed prior to the issuance of a certificate of occupancy for any single-family home on a Lot. The Lot Improvements shall be constructed and installed in accordance with Township standards and all other applicable local, county, state and federal laws, statutes, rules, regulations, and ordinances.
3.3.1 In order to assure consistent grading and soil conservation measures, the Developer will prepare, as part of the Approved Working Drawings. Tenant shall make no changesPlans, additions or modifications to a grading plan (the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed"Grading Plan") or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter for each Phase of the Improvements or would impose it constructs and installs. The Grading Plan shall be subject to the review and approval of the Municipal Engineer and the Township Committee as well as any additional costsand all other governmental agencies having jurisdiction, including but not limited to the Ocean County Soil Conservation District. The Developer will be responsible to install all the Improvements and to grade the Road Beds in accordance with the Grading Plan. The owner of each Lot shall have the obligation, as part of the Lot Improvements, to grade each Lot and install sidewalk in accordance with the Grading Plan and provide appropriate storm water management systems in accordance with the Grading Plan and as reviewed and approved in accordance with the MLUL and the LDO to accommodate increased storm runoff generated by the Lot Improvements. Prior to the issuance of a Certificate of Occupancy, the Municipal Engineer shall inspect the final grading and storm water management system installed on each Lot and shall certify compliance with the Grading Plan and other approved plans.
3.4 Except as otherwise set forth herein the Developer will maintain the Improvements until accepted for dedication by the Township. Notwithstanding the foregoing or above, the Township shall not be responsible to plow the snow from any contrary provision streets until after the top course of this Leasepaving has been installed. It shall also be the Township's obligation to assume the obligation for the payment of street lighting as required by NJSA 40:55D-53.6.
3.5 The Improvements shall, at all times, be installed and constructed in accordance with all local, county, state and federal laws, statutes, regulations and ordinances. The Improvements shall be deemed Landlord’s installed in a good and workmanlike fashion. The Developer, its successors and assigns, agree to indemnify and hold the Township, its elected officials, employees, professionals, agents, servants, successors and assigns, harmless from and against, any and all claims, actions, liability, and expenses in connection with injury or loss of life to person or damage to property arising from the Developer's performance of its obligations under this Agreement; provided that, such indemnification shall not apply to the terms negligence or intentional misconduct of this Leasethe Township, its agents, servants, contractors, employees or representatives.
Appears in 1 contract
Improvements. Landlord A. No alteration or improvements shall be made to the Subleased Premises, except in accordance with the Master Lease and Tenant have approved with the prior written consent of both Master Lessor and Sublessor (except to the extent consent is not required pursuant to Section 8.1 of the Master Lease, as incorporated herein).
B. The parties acknowledge that certain space plan for the Premises prepared by Hooks ASD, dated as Master Lease provides an Improvement Allowance pursuant to the terms of April 14, 2011 Exhibit B thereto (the “Approved Space PlanWork Letter”). The Approved Space Plan is attached ) for Sublessor to this perform Improvements (as defined in the Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate Letter) in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and which Sublessor is obligated under Section 2.1 of the final architectural working drawings Master Lease to use commercially reasonable efforts to substantially complete in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant each Phase within three (3) business months of the Lease Commencement Date (as defined in the Master Lease) as to such Phase. Sublessor shall have the right to perform the Improvements in the Premises, including portions occupied by Sublessee, provided Sublessor uses commercially reasonable efforts not to unreasonably interfere with Sublessee’s use of the Subleased Premises. Sublessee shall cooperate reasonably with Sublessor’s construction efforts, which may require Sublessee to temporarily vacate portions of the Subleased Premises; provided, however, that (a) Sublessor shall provide Sublessee with not less than thirty (30) days following Landlord’s request for prior written notice of any need to vacate a portion of the Subleased Premises (such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the portion being referred to as a “base” color selected by LandlordVacated Area”), (iib) Building standard carpet selected by LandlordRent hereunder shall be abated on a day for day basis with respect to the Vacated Area (on a pro rata basis) for each day Sublessee is required to vacate, (c) in no event shall a Vacated Area comprise more than fifty percent (50%) of one (1) floor of the Subleased Premises at any given time and (iiid) wall in no event shall Sublessee be required to vacate a Vacated Area for more than fourteen (14) consecutive days. On or floor feedsprior to February 1, as applicable2017, to TenantSublessor shall provide Sublessee with a scope of work which shall set forth Sublessor’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changesproposed Improvements, additions or modifications including any finishes to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completedi.e., paint color and carpet samples) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay (the “Substantial Completion,” Scope of Work”). On or prior to May 1, 2017, Sublessor shall provide Sublessee with a proposed schedule for completion of the Improvements (the “Schedule”) which Schedule shall reflect completion of the Improvements to each floor of the Subleased Premises by the date which is three (3) months following the applicable Delivery Date for a floor as that term is reasonable estimated at the time of delivery of such Schedule. Sublessee shall review the Scope of Work and the Schedule and provide any comments thereto within fifteen
C. Upon commencement of the Improvements, Sublessor shall use commercially reasonable efforts to substantially complete the Improvements in accordance with the approved Scope of Work and Schedule. If Sublessor fails to substantially complete any of the Improvements within five (5) months of the Phase I Delivery Date with respect to the Phase I Premises, and within five (5) months of the Phase II Delivery Date with respect to the Phase II Premises (each, a “Phase Outside Date”), the Base Rent for the floor or floors within such phase on which any such Improvements are not substantially completed shall be abated on a day for day basis from the applicable Phase Outside Date until the date on which such Improvements are substantially completed as to such floor. The applicable Phase Outside Date shall be extended by one (1) day for each day of delay resulting from (i) a Force Majeure Delay as defined in Section 5.1 of this the Work Letter, (ii) a Landlord Caused Delay as defined in Section 5.1 of the Work Letter or (ii) actual delays to the extent resulting from: (x) the failure of Sublessee to timely approve the finishes and cosmetic changes set forth in the Scope of Work or (y) interference (when judged in accordance with industry custom and practice) by Sublessee or Sublessee’s agents, employees or contractors with the substantial completion of the Improvements and which objectively preclude or would impose delay the construction of the Improvements in the Subleased Premises, which interference relates to access by Sublessor, or Sublessor’s Contractor (as defined in the Work Letter), subcontractors, laborers, materialmen and suppliers used by Sublessor in connection with the Improvements (collectively, “Sublessor’s Agents”) to the Subleased Premises. Sublessor shall promptly and diligently proceed to fully complete any punch list items. Sublessee and/or its agents shall receive prior notice of, and shall have the right to attend (or participate telephonically in), most meetings of Sublessor with its architect and contractor with respect to performance and completion of the Improvements. Prior to commencing construction of the Improvements, Sublessor shall provide Sublessee with certificates of insurance which shall evidence Sublessor’s and Sublessor’s Agents’ compliance with the insurance required to be carried by Sublessor and Sublessor’s Agents pursuant to Section 4.2.2.4.1 of the Work Letter and the public liability insurance required thereunder shall name Sublessee as an additional costsinsured. Notwithstanding Sublessee shall not be liable for payment of any costs or expenses with respect to the foregoing Improvements, except to the extent due to the negligence or any contrary provision willful misconduct of Sublessee or its agents, employees or contractors or Sublessee’s violation of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseSublease.
Appears in 1 contract
Sources: Sublease (Okta, Inc.)
Improvements. Landlord The primary Improvements constituting the Project are listed below and Tenant are more particularly described in the Land Use Plan, the Infrastructure Plan, the Parks and Open Space Plan, the Transportation Plan, the Community Facilities Plan, the Housing Plan, the Schedule of Performance, the Phasing Plan, the SUD and the Design for Development. Developer and Vertical Developers shall design, construct and complete the Infrastructure and the Vertical Improvements, and Qualified Housing Developers shall design, construct and complete the Authority Housing Units, all at the times and subject to the conditions set forth in this DDA and the Vertical DDA/LDDAs, as applicable. In accordance with the terms of this DDA and the Vertical DDA/LDDAs, Developer and Vertical Developers shall have approved the right and, with regard to certain Improvements identified in this DDA and upon the satisfaction of certain conditions set forth in this DDA, the obligation, to develop the Project shown on the Land Use Plan attached hereto as Exhibit D, in accordance with the Development Requirements, including, without limitation, the Project components listed below, excepting certain improvements to be constructed on the Project Site for which Developer is not responsible as described in Section 1.4 hereof.
(a) Geotechnical stabilization of certain portions of Treasure Island and the causeway connecting it to Yerba Buena Island, and addition of fill to raise the surface elevation on those portions of Treasure Island that certain space plan for are to be developed to address flood protection and potential future sea level rise as more particularly described in the Premises prepared by Hooks ASDInfrastructure Plan;
(b) Up to 6,316 Residential Units, dated of which approximately 5% percent will be Inclusionary Units constructed in accordance with the Housing Plan attached hereto as of April 14, 2011 Exhibit E and more specifically defined in Exhibit A (the “Approved Space Housing Plan”). The Approved Space Plan is attached ) (with up to this Work Letter as Schedule 1. Immediately following Tenant’s execution an additional 1,684 below market rate Residential Units to be designed, constructed and delivery completed by Qualified Housing Developers on behalf of this Lease, Tenant shall cooperate in good faith with Landlord’s architects the Authority and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise TIHDI in accordance with Building standards the Housing Plan), provided however, that the total percentage of below-market rate Residential Units, including Inclusionary Units, may be adjusted upwards from 25% to 30% in accordance with Section 9.1 of the Housing Plan;
(collectivelyc) Up to approximately 140,000 square feet of new commercial and retail space with accessory parking;
(d) Up to approximately 100,000 square feet of new office space with accessory parking;
(e) Adaptive reuse of Buildings 1, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures2, and equipment 3 on Treasure Island with up to 311,000 square feet of commercial/flex space (collectivelythe adaptive reuse would include approximately 67,000 square feet of additional retail, which, when combined with the “Tenant FF&E”)) identified 140,000 square feet of new retail yields a total of 207,000 square feet of retail space proposed on the Approved Working Drawings Islands) with accessory parking; Island;
(f) Adaptive reuse of certain of the historic buildings on Yerba Buena
(g) Up to approximately 500 hotel rooms or Fractional Interest Units;
(h) New and/or upgraded public and community facilities, including a new joint police/fire station and funding for upgraded school facilities on Treasure Island, and Developable Lots for the development by Authority or third parties of the Treasure Island Sailing Center, an Environmental Education Center and other community facilities, as more particularly described in the Community Facilities Obligations attached hereto as Exhibit F;
(i) New and/or upgraded public utilities, including the water distribution system, wastewater collection system, recycled water storage and distribution system, storm water collection and treatment system, Developable Lots to accommodate the Wastewater Treatment Facility and other SFPUC improvements, as more particularly described in the Infrastructure Plan;
(j) Up to approximately 300 acres of parks and public open space, as more particularly described in the Parks and Open Space Plan;
(k) New and/or upgraded streets and public ways as more particularly described in the Infrastructure Plan;
(l) Bicycle, transit, and pedestrian facilities as more particularly described in the Infrastructure Plan;
(m) Landside services for the Marina as more particularly described in the Infrastructure Plan and Section 8.3 hereof, and
(n) A ferry quay/bus intermodal transit center (“ImprovementsTransit Hub”)) as more particularly described in the Infrastructure Plan; and
(o) Such additional environmental remediation work more particularly described in the Infrastructure Plan after issuance of one or more FOST(s) for the Project Site. Notwithstanding the foregoing, Landlord and Tenant The Parties acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat density and intensity of Building standard paint, with development as set forth in this Section 1.3 form the “base” color to be selected by Landlord basis of Developer’s financial expectations for the Project and the “accent” color Proforma. The particular land uses and locations are shown in the Land Use Plan and defined more particularly in the SUD, the Area Plan and the Design for Development. Design controls governing the Project are set forth in the Design for Development. The Land Use Plan is provided for the purposes of indicating the general type, pattern and location of development as shown, but shall not be construed as a regulating document with regard to be selected land uses or development standards, both of which are regulated and controlled by Tenant within three (3) business days following Landlord’s request the SUD, Area Plan and the Design for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseDevelopment.
Appears in 1 contract
Improvements. Landlord and Tenant have approved that certain space plan for Notwithstanding anything to the Premises prepared by Hooks ASDcontrary in this Agreement, dated as of April 14if PARI develops an incremental Improvement, 2011 (then PARI shall incorporate such Improvement into the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall includeDevice, without limitationfurther consideration, if (i) one (1) coat of Building standard paint, with it is not contractually prohibited from doing so by the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for agreement under which such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)Improvement was developed, (ii) Building standard carpet selected by LandlordPARI generally incorporates such Improvement into an eFlow for use in CF, Bronchiectasis or such Secondary Indication (but in this instance only, without reference to the Drug Product contained in the definition of Secondary Indication in Section 1.50) that has been included in the Transave Field pursuant to Section 2.6, and (iii) wall it is consistent with the Specifications and the applicable regulatory requirements. If an Improvement is not an incremental Improvement (e.g., a major Improvement or floor feedsa new 510(k) is or will be filed), as applicablethen PARI shall, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on it has the Approved Space Plan and/or right to do so, offer Transave an opportunity to review such Improvement for a period of sixty (60) days from receipt of a description of such Improvement and a plan for development of such Improvement and possible incorporation into the Approved Working DrawingsDevice in order for Transave to determine whether it wishes to have such Improvement incorporated into the Device and thereby be incorporated into the license granted pursuant to Section 4.1. Tenant If Transave determines (by giving written notice to PARI) within such sixty (60) day period that it desires to benefit from the Improvement and include the Improvement in the Device, such Improvement shall make no changesbe automatically included in PARI Intellectual Property. If Transave does not give written notice to PARI within the sixty (60) day period of its desire to benefit from the Improvement, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements Transave shall be deemed Landlordto have rejected the Improvement and PARI shall have no obligation to include the Improvement in the Device. Notwithstanding anything to the contrary in this Agreement, if PARI develops an Improvement and desires to obtain patent protection for such Improvement, PARI shall be free to obtain such protection and may take all steps necessary, appropriate or advisable thereto, provided that Transave’s property rights under the terms of this LeaseAgreement shall not be restricted or limited in any way.
Appears in 1 contract
Sources: License Agreement (Insmed Inc)
Improvements. Landlord shall make improvements and Tenant have approved that certain space plan modifications to the Leased Premises strictly in accordance with the plans and specifications attached hereto and made a part hereof as Exhibit C, (“Landlord’s Work”). Landlord’s construction cost allowance for Landlord’s Work shall not exceed Twenty-One and 45/100 Dollars ($21.45) per square foot of the Leased Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space PlanAllowance”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this LeaseIf applicable, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected improvements provided by Landlord and in excess of the “accent” color to Allowance shall be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to at Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawingsexpense. Tenant shall not make no changesany non-structural alterations, decorations, installations, additions or modifications improvements to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require Leased Premises, including but not limited to, the installation of any “Non-Conforming Improvements,” as defined in Article 2fixtures, below amenities, equipment, appliances, or other apparatus, without the Landlord’s prior written consent of Landlordconsent, which consent may shall not be withheld in unreasonably withheld. However, any and all structural alterations shall be subject to Landlord’s sole discretion if discretion. Notwithstanding anything contained herein to the contrary, Landlord’s consent to any alterations, decorations, installations, additions or improvements to the Leased Premises, or Landlord’s approval of any plans, specifications, working drawings or other documentation therefor, shall create no responsibility or liability on the part of Landlord for the completeness, sufficiency or compliance of such change with any applicable laws, rules, regulations, guidelines and requirements of governmental and quasi-governmental entities, agencies or modification would directly or indirectly delay authorities. All of the “Substantial Completion,” as that term is defined foregoing, except movable office furniture put in Section 5.1 at the expense of Tenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Work Letter Lease without molestation or injury. Landlord shall have the right to require Tenant to remove, at the expiration of the Improvements or would impose lease term and at Tenant’s sole cost and expense, any additional costs. Notwithstanding the foregoing or any contrary provision of this Leaseand all improvements made by Tenant, all Improvements and Tenant shall be deemed Landlord’s property under required to repair any damage to the terms of this LeaseLeased Premises due to such removal.
Appears in 1 contract
Improvements. Landlord and Tenant have approved that certain space plan for agrees to accept the Premises prepared by Hooks ASD, dated in the condition existing as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery date of this Lease. Landlord represents to the best of its knowledge, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat it has no knowledge of Building standard paint, with any material defect at or to the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)Premises, (ii) Building standard carpet selected by Landlordthat the heating, ventilation and air-conditioning system is operating properly as of the date hereof, and (iii) wall that the Premises are in compliance with all applicable codes as of the date of the Commencement of the Term of this Lease and that the space is habitable for the purposes intended for Tenant, (iv) that the exterior of the Premises (including the parking area and sidewalks are in compliance with the Americans With Disabilities Act. If there are any initial changes to be made by Landlord or floor feedsTenant (with Landlord's prior written approval), as applicablesuch changes, together with the estimated and allocated costs for such changes, shall be set forth in Exhibit B, Up-fit Improvements, to be initialed by both Landlord and Tenant’s benches (as opposed to distribution through Tenant’s benches) . Unless expressly stated in Exhibit B to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. contrary, Tenant shall make be responsible for the cost of the Up-fit improvements and agrees to pay Landlord or its designee a charge of ten thousand and No/100 Dollars ($10,000.00) for construction consulting services, including, without limitation, the reviewing of plans and specifications, and the inspecting and coordinating of construction. This charge is payable not later than thirty (30) days after completion of the Up-fit Improvements. Landlord or Landlord's agents have made no changes, additions representations or modifications promises with respect to the Improvements Premises or the Approved Space Plan Building except as expressly set forth herein. The taking of possession of the Premises by Tenant shall be conclusive evidence as against Tenant, that Tenant accepts the same "as is" and "where is" and that the Premises and Building were in good condition at the time when possession was taken by Tenant. Landlord may at any time construct additional buildings or improvements in any part of the Approved Working Drawings (once completed) common areas, so long as the same does not materially interfere with Tenant's use and operation at the Premises, and may remodel or require remove the installation Building or any existing building in any part of the common areas. Any sidewall of the Premises may be used by Landlord as a "party wall" for other buildings or improvements. However, in connection with Landlord's construction of any “Non-Conforming Improvements,” as defined in Article 2additional buildings or improvements, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter Landlord shall not unreasonably interfere with Tenant's use and occupancy of the Improvements Premises or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of impair Tenant's rights under this Lease. For any improvements or alterations made at the Premises, Tenant shall have the right to select and hire its own contractor, provided that Landlord reasonably approve said contractor and all Improvements shall plans and specifications for such improvements and alterations. For minor future improvements, there will be deemed Landlord’s property under no construction management fee; for significant improvements made by Tenant, the terms of this Leaseconstruction management fee will be negotiated.
Appears in 1 contract
Sources: Lease (Inspire Pharmaceuticals Inc)
Improvements. Landlord 3.1 The City acknowledges that the Owners are required to install certain municipal improvements, including paved roads, lateral storm and Tenant have approved that certain space plan sanitary sewers, water distribution mains, power, curbs, gutters and sidewalks in excess of the requirement for the Premises prepared by Hooks ASD, dated as of April 14, 2011 Said Lands (the “Approved Space Plan”Requirement"), and which will benefit the land shown cross-hatched, on Schedule "E". The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s If within ten (10) years of the date of execution and delivery of this LeaseAgreement, Tenant all or any part of the land shown cross-hatched is developed or subdivided, as the case may be, the City shall cooperate enter into agreements with the applicants for development permits or subdivision approval (the “Future Developers"), requiring the Future Developers to pay an amount in good faith with Landlord’s architects respect of those municipal improvements. If the Requirement has been constructed and engineers as-constructed costs are available or can be readily determined, including engineering, surveying and administration, then the City will collect the as-constructed costs from the Future Developers and within sixty (60) days pay those funds to supply the Owners, or such information portion thereof as is necessary the City actually collects. If the Requirement has not been constructed, then the City will collect from the Future Owners the estimated costs of construction, including engineering, surveying, administration and contingency, which are estimated to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premisesbe $ "Boundary Conditions Receivable Amount" , inclusive of Sales Taxes, and within sixty (60) days pay those funds to the final architectural working drawings Owners, or such portion thereof as the City actually collects. Nothing in this Article shall oblige the City to pay to the Owners any amount which the City is prevented by law from recovering from the Future Developers.
3.2 The covenants contained in Article 3.1 of this Schedule “D” are subject to and conditional upon the owners of the lands providing a utility easement to the City upon terms and conditions agreeable to the City and in a form which is complete acceptable to allow subcontractors the Corporate Services, Law Branch of the City permitting the municipal improvements to bid be on the work and to obtain all applicable permits and in a manner consistent withaforementioned lands, and which are a logical extension ofpermitting their maintenance, the Approved Space Plan within forty five (as reasonably determined by Landlord45) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision date of entering into this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseAgreement.
Appears in 1 contract
Improvements. Landlord (a) Notwithstanding anything to the contrary contained or implied in the Lease, hereby, Tenant agrees that, except as specifically and Tenant have approved expressly provided in Subsection 2(b) below, it will accept possession of the Premises, in an “AS IS, WHERE IS” condition, and that certain space plan for no representations, warranties, or inducements, with respect to any condition of the Premises have been made by Landlord, or its designated representatives, to Tenant, or its designated representatives. In furtherance of the foregoing, Tenant hereby acknowledges that, except as specifically and expressly provided in Subsection 2(b) below, no promises to decorate, alter or improve the Premises either before or after the execution of this Lease have been made to Tenant, or its designated representatives, by Landlord, or its designated representatives.
(b) Provided Tenant is not in default of the Lease, and subject to and upon the terms and conditions set forth herein, Landlord agrees to construct certain improvements (the “ Premises Improvements”) in the Premises at Landlord’s cost and expense in accordance with the plans prepared by Hooks ASDM. ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ dated June 20, dated 2007, and attached hereto as of April 14, 2011 Exhibit “A-1” (the “Approved Space PlanPlans”). The Approved Space Plan is attached Tenant acknowledges and agrees that if Tenant desires any improvements to this Work Letter as Schedule 1the Premises Improvements in excess of or different from the Plans (“Changes”), such Changes shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld provided the same are not structural in nature. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings be responsible for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan costs of such Changes (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall includeincluding, without limitation, design, construction and construction management costs, and any architectural fees, space planning, engineering fees and construction management fees), and of any delays resulting there from, all of which costs shall be payable at the time Tenant authorizes such Changes to be performed in the Premises (i.e., upon Tenant’s approval of the final working drawings and specifications and/or Tenant’s and Landlord’s approval of any change order in connection with such Changes). Any approval by Landlord of, or consent by Landlord to, the Plans or other items to be submitted to and/or reviewed by Landlord pursuant to this Lease, shall be deemed to be strictly limited to an acknowledgment of approval or consent by Landlord thereto, and such approval or consent shall not constitute the assumption by Landlord of any responsibility for the accuracy, sufficiency or feasibility of the Plans, and shall not imply any acknowledgment, representation or warranty by Landlord that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and Tenant shall be responsible for all of the same. Subject to the foregoing, Tenant’s occupancy of any portion of the Premises shall be conclusive evidence that Tenant has accepted the Premises and shall be deemed conclusively to establish that Landlord’s construction obligations with respect to the Premises have been completed in accordance with the Plans. Ack. No. 013 - Revised 1/06
(c) If Landlord shall be delayed in substantially completing Landlord’s construction of the Premises Improvements as a result of: (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected incorporation by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with of any non-building standard materials, finishes or installations into the “base” color selected work contemplated by Landlord), the Plans; (ii) Building standard carpet selected Tenant’s Changes to the Plans; (iii) Tenant’s failure to timely furnish any revisions of the Plans in connection with any Changes to the Plans; (iv) Tenant’s failure to pay to Landlord in a timely manner the costs referenced in Subsection 2(b) hereof with respect to any Changes to the Plans; or (v) any other act or omission caused by or on behalf of Tenant, including, without limitation, the breach by Tenant of its obligations under the Lease, as amended hereby (each, a “Tenant Delay”); then Landlord shall not be responsible for any such delays and the Premises Commencement Date shall be accelerated by the number of days of such delay as more particularly set forth in Section 7 above.
(d) Tenant hereby appoints ▇▇▇▇▇ ▇▇▇▇▇▇ as the authorized representative of Tenant for purposes of dealing with Landlord with respect to all matters involving, directly or indirectly, the Plans and the Premises Improvements, including, without limitation, any Changes to the Plans (such person hereafter referred to as the “Designated Representative”). Tenant hereby represents and warrants to Landlord that the Designated Representative has the requisite power and authority to deal with Landlord in the manner contemplated herein, and that Tenant shall be bound by the acts and omissions of the Designated Representative.
(e) Landlord at its discretion may permit Tenant and its agents to enter the Premises up to two (2) weeks prior to the Lease Commencement Date to prepare the Premises for Tenant’s use and occupancy thereof. Any such permission shall constitute a license only, conditioned upon Tenant’s: (i) working in harmony with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (ii) obtaining in advance Landlord’s reasonable approval of the contractors proposed to be used by Tenant; and (iii) wall or floor feeds, furnishing Landlord with such insurance as applicable, Landlord may reasonably require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty four (24) hours’ written notice to Tenant’s benches (as opposed . Landlord shall not be liable in any way for any injury, loss or damage which may occur to distribution through any of Tenant’s benches) property or installations in the Premises prior to the extent necessary based on the Approved Space Plan and/or the Approved Working DrawingsPremises Commencement Date. Tenant shall make no changesprotect, additions defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or modifications to its agents, contractors, suppliers or workmen in the Improvements Premises or the Approved Space Plan or the Approved Working Drawings (once completedBuilding. Any entry and occupation permitted under this Subsection 2(e) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under governed by the terms of this the Lease.
(f) If Landlord, for any reason whatsoever, cannot deliver possession of the Premises or any portion thereof, to Tenant on or before September 1, 2007, then (A) this Lease shall not be void or voidable, (B) neither party shall be liable to the other for any loss or damage resulting therefrom, and (C) Tenant shall not be entitled to any compensation, consolation, consideration, replacement of such space, or any or remedy from or against Landlord by reason of such failure or inability to take possession of the Premises Area or any portion thereof except as otherwise expressly set forth in Section 7 of the Lease.
Appears in 1 contract
Improvements. Tenant acknowledges and agrees that (a) Suite 230 is in the condition described on Attachment 1 to the Work Letter Agreement attached to the Original Lease as Exhibit “C” and all Base Building work (as defined in Paragraph 1 of the Work Letter Agreement) with respect to Suite 230 has been completed, (b) Suite 230 has been or will be accepted by Tenant in its “AS IS” condition on the date Landlord and delivers possession of Suite 230 to Tenant have approved that certain space plan as described in Paragraph 3 above, without any obligation on Landlord’s part to construct, or provide an improvement allowance or otherwise pay for, any tenant improvements or alterations for Suite 230, except for the Premises prepared Leasehold Improvement Allowance to be provided by Hooks ASDLandlord as described in Paragraph 7(d)(ii) below, dated as of April 14and (c) Tenant shall, 2011 at its expense (the “Approved Space Plan”). The Approved Space Plan is attached subject to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects contribution of such Leasehold Improvement Allowance) be solely responsible for constructing all alterations and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings improvements for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise Suite 230 in accordance with Building standards (collectively, the applicable terms and conditions of the Work Letter Agreement attached to the Original Lease as Exhibit “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause C” with the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, following modifications:
(i) one (1) coat Tenant shall be required to deliver to Landlord for Landlord’s approval the Tenant’s Design Development Drawings for Suite 230 prior to the date Tenant commences construction of Building standard paintthe Aggregate Improvements for Suite 230, with the “base” color to be selected by and Landlord and the “accent” color to be selected by Tenant within will have three (3) business days following after receipt of the Design Development Drawings to approve them or advise Tenant of Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with reasonable revisions therefor pursuant to the procedures set forth in Section 2.1 of Exhibit “baseC” color selected by Landlord), of the Original Lease;
(ii) Building standard carpet selected the Leasehold Improvement Allowance to be provided by Landlord, and Landlord for Suite 230 shall be equal to $15.00 per rentable square foot within Suite 230; and
(iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) Sections 5.2 and 5.4 of Exhibit “C” of the Original Lease shall not apply with respect to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the construction of such Aggregate Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasefor Suite 230.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Improvements. Landlord Any and Tenant have approved that certain space plan for all improvements to the Premises prepared shall be made in accordance with Lease Section 3: Construction of Improvements and in accordance with all applicable state and municipal building codes, except that Landlord shall have the right to charge a one-time supervisory fee of $2,500.00 to be paid by Hooks ASDTenant to Landlord as Additional Rent. Subject to Landlord’s right of approval (which shall not be unreasonably withheld, dated as delayed or conditioned), Tenant may select and engage its own preferred contractors, subcontractors, architects, engineers and consultants to perform such work. Landlord shall provide to Tenant an allowance of April 14, 2011 up to $739,228.00 toward the hard and soft costs associated with said improvements (the “Approved Space Plan2018 TI Allowance”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution 2018 TI Allowance may be used for the costs of design, preparation, renovation and delivery construction of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and may also be applied to non-Building related costs including without limitation permitting, space plans, moving, architectural and engineering, wiring and cabling, special electrical power distribution, telephone and security systems. Any time prior to the final architectural working drawings in second (2nd) anniversary of the execution date hereof, Tenant shall have the on-going right to request the 2018 TI Allowance, or a form which is complete portion thereof, by written notice to allow subcontractors Landlord to bid on be accompanied by all invoices, lien waivers and/or municipal certificates, when applicable, to substantiate the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, completed. Provided Tenant meets the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishesconditions herein, Landlord shall cause reimburse Tenant for the installation and/or construction amount requested, not to exceed the full amount of those certain items the 2018 TI Allowance, within thirty (exclusive 30) days of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available receipt of written notice and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, documentation as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawingsaforesaid. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter Any unused portions of the Improvements or would impose any additional costs. Notwithstanding 2018 TI Allowance not requested beyond the foregoing or any contrary provision second (2nd) anniversary of this Lease, all Improvements the execution date hereof shall be deemed Landlord’s property under the terms of this Leaseforfeited.
Appears in 1 contract
Sources: Lease (Rapid Micro Biosystems, Inc.)
Improvements. (a) Certain improvements shall be constructed in the Premises according to the space plan attached hereto as Exhibit B (the "Space Improvements") for the purpose of initially preparing the Premises for occupancy by Tenant, all to be paid for as provided in subsection (B) of this section below. Such Space Improvements shall be constructed by Tenant and in accordance with the following procedures:
(i) Tenant will engage an architect to prepare plans and specifications of the Space Improvements who shall be reasonably approved by Landlord. Such plans and specifications shall be submitted to Landlord within twenty-one (21) days after the date hereof, and Landlord shall review and either approve or notify Tenant of proposed changes thereto within seven (7) days after receiving same. If no response is forthcoming from Landlord within this seven (7) day period, such plans shall be deemed approved. Tenant shall make any changes to such plans reasonably (and timely) requested by Landlord and necessary to make the plans and specifications conform to Exhibit B.
(ii) Promptly after the plans and specifications have been finalized, Tenant have approved that certain space plan shall solicit bids and enter into written contracts with a contractor or contractors for the construction of such improvements and with other professionals for appropriate services in connection therewith. The contractor(s) and professional(s) so engaged by Tenant, and the respective contracts between such parties and Tenant, shall be subject to Landlord's prior written approval which shall not be unreasonably withheld. Additionally, each of Tenant's contract(s) with contractor(s) shall provide for, at minimum, a retainage or holdback of 10% of the total cost of the contract until completion of the work and the submittal of final lien waivers.
(iii) Prior to commencing construction, Tenant shall obtain all building and other permits or licenses required by law for the work, and promptly after completion of such work, Tenant shall procure a certificate of occupancy (or other customary occupancy permits issued by the Village of Schaumburg) for the Premises prepared from the applicable governmental authorities.
(iv) All such construction shall be overseen by Hooks ASDLandlord through its construction manager, dated as of April 14, 2011 (the “Approved Space Plan”)whose services shall be paid for by Landlord. The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate at all times permit Landlord and its construction manager to inspect the Premises and the Tenant's improvement work during construction.
(v) Landlord and its agents and contractors shall have the right to enter the Premises prior to the Commencement Date for purposes of installing and constructing a fire sprinkler system throughout the Premises and a handicap accessible uni-sex restroom in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, provided that in doing so such parties shall not interfere with Tenant or its contractors constructing the Space Improvements. The Commencement Date shall not be deemed to occur upon such entry unless Tenant begins commencing its normal business operations within the Premises.
(b) All costs and expenses of designing and constructing the final architectural working drawings Space Improvements described in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan subsection (A) above shall be paid as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, follows:
(i) one Landlord shall provide and pay an allowance (1the "Allowance") coat of Building standard paint$17.00 per square foot of the Premises towards (i) the costs of designing the space plan in Exhibit B and all of the plans and specifications for the Space Improvements, with the “base” color to be selected by Landlord architect's fees and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)engineer's fees, (ii) Building standard carpet selected by Landlordthe cost of demolishing any existing improvements in the Premises, and (iii) wall the costs of constructing the Space Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers' fees, costs and expenses, the costs of materials, supplies, permits and other item, and any other out-of-pocket expenditures incurred in any connection with such construction. Tenant may convert up to $5.00 of the Allowance for permanent, non-personal items, including but not limited to cabling or floor feedscommunication installment costs, as applicableor moving costs; provided, however, that such amount may not be-converted to Tenant’s benches (as opposed cash or used to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawingspay any Base Rent, Operating Expenses or Real Estate Taxes. Tenant shall make no changespay any and all costs of designing and constructing the Space Improvements which are in excess of the Allowance.
(ii) Tenant shall pay all amounts by which the total costs of designing and constructing the Space Improvements exceeds the Allowance.
(iii) Landlord shall disburse the Allowance in portions (but not more frequently than once every fourteen (14) days) to pay for completed work, additions or modifications and to either (i) Tenant upon presentation of proof of payment by Tenant to the professionals, contractors or other parties perform work, or (ii) directly to the professionals, contractors and other parties performing the work, upon presentation for each disbursement of (a) a requisition substantially in form the form of AIA Requisition Forms G702 and G703, including a description of all completed work for which payment is requested, the amount requested with a breakdown by each trade comprising the work and the percentage of the entire project completed after taking into account all such work (b) an owner's sworn statement and contractors' sworn statements in form satisfying all statutory requirements and (c) partial lien waivers from all parties for whom such payment is requested releasing all liens which may arise on account of the work performed by such parties to the date of the request for payment. Withheld from each disbursement shall be the applicable retainage, not to be less than 10% as provided as provided hereinabove, which retainage shall be paid and disbursed upon (i) completion of the Space Improvements as required by the applicable contracts - (ii) delivery of unconditional final lien waivers as described above for all work comprising the improvements, and (iii)- issuance of a certificate of occupancy or other applicable approval by the local authorities permitting occupancy of the Premises by Tenant for business.
(c) Tenant shall use commercially reasonable efforts to complete such improvements on or before June 1, 1999, but Tenant shall have no liability to the Landlord hereunder (for a period of time up to ninety (90) days) if prevented from doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificate of occupancy, or any other cause beyond the Tenant's reasonable control. In such event, the Commencement Date and Expiration Dates shall be postponed for a period equaling the length of such delay or, if the delay continues for ninety (90) days, for ninety (90) days, whichever date is earlier. However, if any delay in completion of the Space Improvements or in delivering possession of the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Premises to Tenant are caused by Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 including but not limited to failure of Landlord to timely respond to submissions by Tenant under subsection (A) of this Work Letter of section above, the Improvements or would impose any additional costs. Notwithstanding Commencement Date and the foregoing or any contrary provision of this Lease, all Improvements Expiration Date shall be deemed Landlord’s property under postponed for a period equaling the terms length of this Leasesuch delay and Tenant shall receive a rent abatement, following the Commencement Date, equal to the number of days of such delay.
Appears in 1 contract
Sources: Office Lease Agreement (American Pharmaceutical Partners Inc /Ca/)
Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as 8.1 In carrying out any general improvements (being any improvements having a cost of April 14, 2011 less than $5,000 (the “Approved Space Plan”). The Approved Space Plan is attached with such sum to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate increase in good faith line with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid inflation on the work and same basis as your Rent) to obtain all applicable permits and in a manner consistent with, and which the Property or are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise undertaking ongoing maintenance in accordance with Building standards clause 5.1(d) then:
(collectivelya) this will be at your cost;
(b) you must complete them in a reasonable time to a professional and tradesman-like standard;
(c) you must comply with all laws and obtain all required Code Compliance Certificates (if required);
(d) you must comply with any rules affecting the Property such as any restrictive covenants, the “Approved Working Drawings”). Using Building standard materialsprovisions of the District Plan in which the Property is situated, methodsor Body Corporate Rules;
(e) you must give us copies of all related paperwork;
(f) you indemnify us for any losses, components and finishes, Landlord shall cause if the installation and/or construction improvements or carrying them out causes us any losses; and
(g) you must abide by any policies developed by us relating to improvements or maintenance.
8.2 If you wish to make major improvements in excess of those certain items $5,000 (exclusive of any and all benches, furniture, fixtures, and equipment Major Improvements) (collectively, the “Tenant FF&E”)) identified with such sum to increase in line with inflation on the Approved Working Drawings same basis as your Rent) then:
(a) the “Improvements”rules set out in clause 8.1 above will apply and you must also get our written consent first, which we may withhold in our absolute discretion;
(b) we will update the Maintenance Schedule to include these Major Improvements once the Major Improvements are completed;
(c) if agreed by us (in our absolute discretion). Notwithstanding , we will add the foregoing, Landlord certified costs of the Major Improvements to the Reversion Price and Tenant acknowledge and agree that the date of completion of the Major Improvements to our satisfaction shall be the Improvements shall Date for the purposes of "E" in clause 10.5 below.
8.3 Landscaping and Fencing Improvements Rules include:
(a) you must not make any alterations to the fences on the Property (including to the length, height or materials) without limitationour consent;
(b) you must not make any practical changes or additions to the landscaping (for example, adding a garden shed or altering or adding to any existing fencing) without our consent;
(c) you must ensure any irrigation system is monitored, maintained and periodically adjusted as required, including draining the irrigation system in winter and reprogramming it for spring;
(d) you must undertake regular pruning of trees, ▇▇▇▇▇▇, shrubs and groundcovers as required, in particular any:
(i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color ▇▇▇▇▇▇ on shared boundaries must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), maintained to a maximum height of 1.8 metres; and
(ii) Building standard carpet selected by Landlord▇▇▇▇▇▇ on road/reserve boundaries must be maintained to a maximum height of 1.2 metres;
(e) you must undertake all other work necessary to maintain a healthy, clean, neat and tidy garden landscape; and
(iiif) wall if you do not keep your garden tidy:
(i) we may require you to tidy it to our reasonable standards; and
(ii) if you do not meet out requirements we may employ contractors to undertake whatever work is required at your cost.
8.4 Removal of Improvements in breach: Should you install or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the carry out any Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter breach of the above clauses then we may give notice to you to remove such Improvements or would impose at your cost within a reasonable time and make good any additional costsdamage caused by such removal. Notwithstanding Should you fail to comply with such notice then we may enter onto the foregoing or any contrary provision Property and remove the offending Improvements and recover the costs of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasedoing so from you.
Appears in 1 contract
Sources: Secure Home Agreement
Improvements. It is understood and agreed by Tenant that any anti all leasehold improvements made to the Premises by Tenant prior to or during the Term, or any extensions thereof, shall be made by a contractor reasonably approved by Landlord. Landlord hereby approves ▇▇▇▇▇▇ Construction as Tenant’s contractor for construction of Tenant’s Work as set forth in Exhibit B hereof. In the event Tenant should employ a contractor other than ▇▇▇▇▇▇ Construction or Landlord’s contractor, it is expressly understood and agreed that Tenant shall first obtain the Landlord’s written approval of the Tenant’s contractor and the terns of the contract. Landlord may require Tenant or Tenant’s contractor to provide Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work, only if such bond is required by Landlord’s lender. Provided this Lease has not been subject to a Transfer (as defined in Article XV) Landlord’s prior written consent will not be necessary for any minor interior non-structural alteration, addition, or improvement that (i) does not involve the storefront, exterior doors, or windows; (ii) in not visible from outside of the Premises; (iii) is not located outside of the premises; (iv) does not adversely affect the operation of the HVAC, plumbing, fire sprinkler, electric, water, or sewer systems of the Premises, building, or Shopping Center; or (v) does not include any of Tenant’s initial alterations, additions, fixtures, and/or improvements which shall require Landlord’s prior approval as provided in this Lease. Such minor interior non-structural alteration, addition, or improvement shall further be subject to tile following (a) shall cost less than Ten Thousand and No/100 Dollars ($10,000.00), including labor and materials; (b) shall not change the general character of the Premises or reduce the fair market value of the Premises below its fair market value prior to the alteration, addition, or improvement; (c) shall be made with due diligence, in a good and workmanlike manner, and in compliance with all applicable laws and ordinances; (d) shall be promptly and fully paid for by Tenant; and (e) shall if reasonably necessary as determined by Landlord be made under the supervision of an architect or engineer reasonably satisfactory to Landlord and in accordance with plans and specifications and cost estimates approved by Landlord. Landlord may designate a supervising architect to assure compliance with the provisions of this paragraph, anti if it does, Tenant have approved that certain space plan for will pay the supervising architect’s charges. Promptly after the completion of any alteration, addition, or improvement, Tenant will give Landlord a copy o f “as built” drawings of the alteration, addition, or improvement. All alterations, additions, fixtures, and improvements, whether temporary or permanent in character, trade in or upon the Premises prepared by Hooks ASDTenant, dated as will immediately become Landlord’s property and, at the end of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery Term of this Lease, will remain out the Premises without compensation to Tenant. Prior to commencing any such interior nonstructural alteration, addition, or improvement, Tenant shall cooperate in good faith with Landlord’s architects provide not less than ten (10) days prior written notice to Landlord describing the contemplated work; and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premisesestimated costs; name, address, telephone number, contractor license, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive insurance information of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for persons or firms performing such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasework.
Appears in 1 contract
Sources: Lease Agreement (Bank Holdings)
Improvements. Landlord Tenant acknowledges and agrees that (a) the Newly Added Space is in the condition described on Attachment 1 to the Work Letter Agreement attached to the Original Lease as Exhibit “C” and all Base Building work (as defined in Paragraph 1 of the Work Letter Agreement) with respect to the Newly Added Space has been completed, (b) the Newly Added Space has been or will be accepted by Tenant have approved that certain space plan in its “AS IS” condition on the applicable Commencement Date therefor as described in Paragraph 2 above, without any obligation on Landlord’s part to construct, or provide an improvement allowance or otherwise pay for, any tenant improvements or alterations for the Premises prepared Newly Added Space, except for the Leasehold Improvement Allowance to be provided by Hooks ASDLandlord as described in Paragraph 7(d)(ii) below, dated as of April 14and (c) Tenant shall, 2011 at its expense (the “Approved Space Plan”). The Approved Space Plan is attached subject to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects contribution of such Leasehold Improvement Allowance) be solely responsible for constructing all alterations and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings improvements for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Newly Added Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the applicable terms and conditions of the Work Letter Agreement attached to the Original Lease as Exhibit “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause C” with the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, following modifications:
(i) one (1) coat Tenant shall be required to deliver to Landlord for Landlord’s approval the Tenant’s Design Development Drawings for the Newly Added Space prior to the date Tenant commences construction of Building standard paintthe Aggregate Improvements for the Newly Added Space, with the “base” color to be selected by and Landlord and the “accent” color to be selected by Tenant within will have three (3) business days following after receipt of the Design Development Drawings to approve them or advise Tenant of Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with reasonable revisions therefor pursuant to the procedures set forth in Section 2.1 of Exhibit “baseC” color selected by Landlord), of the Original Lease;
(ii) Building standard carpet selected the Leasehold Improvement Allowance to be provided by Landlord, and Landlord for the Newly Added Space shall be equal to $15.00 per rentable square foot within the Newly Added Space; and
(iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) Sections 5.2 and 5.4 of Exhibit “C” of the Original Lease shall not apply with respect to the extent necessary based on construction of such Aggregate Improvements for the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseNewly Added Space.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASDLandlord, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with at Landlord’s architects own expense and engineers to supply such information using materials consistent with the minimum standards of the Building (or as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably otherwise determined by Landlord), will make certain improvements to the Leased Premises consisting of (a) painting the Leased Premises, (b) installing new carpet in the Leased Premises (c) repairing the kitchenette and otherwise training room area in accordance the Leased Premises, (d) removal of unused “high voltage” wiring in the ceiling of the Leased Premises, (e) constructing a (10x12) server/tel/data room with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction 2.5 tons of those certain items (exclusive of any and all benches, furniture, fixturessupplemental cooling, and equipment (collectively, perforating other improvements as are more fully set forth in the plans and drawings attached hereto and made a part hereof as Exhibit “Tenant FF&E”)) identified on the Approved Working Drawings B” (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with Subject to the “baseForce Majeure” color to be selected by Landlord provisions in Section 31(g) hereof and the “accentTenant Delay” color provisions in Section 32 hereof, Landlord will use commercially reasonable efforts to be selected by Tenant within three Substantially Complete (3as defined herein) business days following Landlord’s request for such selection the Improvements in a good and workmanlike manner, and in accordance with all applicable building codes, prior to September 1, 2007 (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by LandlordOriginal Completion Deadline”), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent Landlord will apply for any necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to building permit for the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” soon as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision reasonably possible after full execution of this Lease, and shall make all reasonable efforts to obtain such permit hi a timely manner. “Substantial completion” or “substantially completed” or words of similar import means that the work in question has been sufficiently completed such that it is suitable for its intended purpose. The issuance of an occupancy permit shall be conclusive evidence of the Substantial Completion of the Improvements required hereunder. Tenant will have the right to inspect the Leased Premises and to prepare and submit to Landlord prior to the Commencement Date of this Lease a punch list of any incomplete work included in the Improvements. Landlord .shall complete such work as is detailed on said punch list as soon as reasonably practicable after receipt of same. Tenant’s occupancy of the Leased Premises shall be deemed Landlord’s property under a conclusive presumption that, except as to items listed on a punch list, all Improvements have been made in accordance with the terms of this Lease. If for any reason Landlord does not complete the Improvements on or before the Original Completion Deadline, the validity of this Lease shall not be impaired nor shall Landlord be subject to any liability for such failure.
Appears in 1 contract
Sources: Commercial Lease
Improvements. Within sixty (60) days after the execution of this Fourth Amendment, Tenant shall submit to Landlord and Tenant have approved that certain for approval a detailed space plan ("Space Plan") for the improvements to the New Premises which shall include without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements. The Space Plan and the Construction Drawings (as defined below) shall be prepared by Hooks ASD, dated as of April 14, 2011 ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Approved Space PlanArchitect”). The Approved Landlord agrees to cooperate with Tenant and its design representatives in connection with the preparation of the Space Plan is attached to this Work Letter as Schedule 1Plan. Immediately following Tenant’s execution and delivery Within ten (10) business days after receipt by Landlord of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishesPlan, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one shall give its written approval with respect thereto, or (1ii) coat shall notify Tenant in writing of Building standard paint, its disapproval and state with specificity the “base” color to be selected by Landlord grounds for such disapproval and the “accent” color revisions or modifications necessary in order for Landlord to be selected by Tenant within three give its approval. Within ten (310) business days following Tenant's receipt of Landlord’s 's disapproval, Tenant shall submit to Landlord for approval the requested revisions or modifications. Within five (5) business days following receipt by Landlord of such revisions or modifications, Landlord shall give its written approval with respect thereto or shall request for such selection other revisions or modifications therein (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) but relating only to the extent necessary based on the Approved Space Plan and/or the Approved Working DrawingsTenant has failed to comply with Landlord's earlier requests). Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements The preceding sentence shall be deemed Landlord’s property under the terms of this Lease.implemented repeatedly until Landlord gives its approval to Tenant's Space Plan. The improvements to be
Appears in 1 contract
Sources: Lease Agreement (Iteris, Inc.)
Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated Except as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Leaseset forth in Section 9.2 above, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premisesnot make any additions, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall alterations or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) improvements to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below Premises without obtaining the prior written consent of Landlord, which consent may approval shall not be withheld in unreasonably withheld. In the event Tenant should employ a contractor other than Landlord’s, it is expressly understood and agreed that ▇▇▇▇▇▇ shall first obtain the Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter written approval of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed LandlordTenant’s property under contractor and the terms of this Leasethe contract, which approval shall not be unreasonably withheld. As a condition to giving consent to Tenant improvements, Landlord may, at the time of such installations, require that Tenant agree to remove any such alterations, additions, improvements or utility installations at the expiration of the Lease Term and to restore the Premises to their prior condition, normal wear and tear excluded. Landlord acknowledges and agrees that Tenant will be providing special security for the Premises while operating as a commercial bank, and as part of Tenant’s Work, will be installing at Tenant’s expense, dusk to ▇▇▇▇ lighting and automated teller machine access in the Common Areas (including but not limited to compliance with the requirements of the Americans with Disabilities Act (“ADA”)), and night depository facilities, with security lighting and cameras extending from the Premises, and safety deposit boxes (collectively, the “Bank Improvements”). Landlord shall reasonably cooperate with Tenant concerning the requirements of Division 4 of the California Financial Code (Section 1300, et seq.), including but not limited to the lighting requirements thereunder, which shall be at Tenant’s sole cost and expense. In the event the requirements of the ADA are amended following the initial installation by Tenant of the ATM access to the ATM, Landlord shall not withhold Landlord’s approval of any modifications and/or alterations of the ATM and/or access to the ATM in the common areas made by Tenant to comply with such amendments to the ADA. All Improvements to the Premises shall comply with all applicable laws, including but not limited to applicable building codes and regulations.
Appears in 1 contract
Improvements. Lessee shall submit to Landlord the specific requirements and Tenant have approved that certain space plan description of the Improvements. Within ten calendar days from receipt by Landlord of Lessee's requirements and description, Landlord shall prepare and submit to Lessee's approval drawings, blueprints and specifications of the Improvements, as well as a schedule for their completion, which in no case shall be of more than 120 (one hundred and twenty) calendar days from the Premises prepared by Hooks ASDday in which Lessee approves such documents, dated all of which shall be attached hereto as of April 14Exhibit "B", 2011 (upon their final approval. If Lessee unreasonably denies to approve the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution drawings, blueprints, specifications and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers schedule to complete the architectural and engineering drawings for the PremisesImprovements, and the final architectural working drawings in a form which is complete within five days following to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishessuch denial, Landlord shall cause have the installation and/or construction right to submit such documents to an expert from the Mexican Chamber of those certain items (exclusive of any the Construction Industry in order for such expert to determine if the drawings, blueprints, specifications and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that schedule to complete the Improvements meet Lessee's requirements. Decision from such expert shall includebe definitive. On the date that is 120 days after approval by Lessee (or by the above-mentioned expert, without limitation, (iin its case) one (1) coat of Building standard paint, with Landlord shall have concluded the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter construction of the Improvements or would impose any additional costsand shall deliver the Premises in full operating condition. Notwithstanding If Landlord fails to complete the foregoing or any contrary provision construction of this Leasethe Improvements within such term, all Lessee shall not be obliged to pay Rent until the Landlord completes the construction of the Improvements. Construction of Improvements shall not be deemed Landlord’s property under considered concluded until written approval and acceptance by Lessee is obtained, which must not be unreasonably withheld. The parties shall negotiate and agree an increase in the terms Rent as a result of this Leasethe cost of construction of the Improvements.
Appears in 1 contract
Improvements. Landlord Except with respect to: (a) the work contemplated in the Development Agreement, (b) emergency repairs, (c) interior alterations or minor repairs that are non-structural in nature, do not alter mechanical or electrical systems, and Tenant have approved that certain space plan for do not materially alter the external appearance or view of any improvements, and (d) routine maintenance work, Lessee shall not at any time during the term construct, place, maintain, or install on the Premises prepared by Hooks ASDany building, dated as of April 14structure, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive or improvement of any kind and all benchesdescription except with the prior written approval of Lessor. When the approval of the Lessor is required, furnituresuch approval may be subject to those conditions Lessor may reasonably impose, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall includeincluding, without limitation, : (i) one (1) coat of Building standard paintthe requirement that Lessee only use licensed contractors, with the “base” color to be selected subcontractors, materials, mechanics, and materialmen approved by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord)Lessor, (ii) Building standard carpet selected by Landlordthe requirement that Lessee only use certain materials or types of construction, and (iii) wall the requirement that Lessee provide evidence satisfactory to Lessor that there are funds available and committed to Lessee sufficient to pay for one hundred percent (100%) of the total hard costs and one hundred percent (100%) of any other indirect or floor feeds“soft costs” associated with such work. Lessee shall reimburse Lessor, as applicableAdditional Rent, to Tenantfor any costs and expenses incurred by Lessor in connection with such improvement work, including, without limitation, any costs incurred in connection with Lessor’s benches review and/or approval of such work (as opposed to distribution through Tenant’s benches) whether internal or related to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawingsengagement of third parties). Tenant Additionally, ▇▇▇▇▇▇ shall make no changes, additions or modifications not commence construction of any improvement to the Improvements or Premises at a cost of more than $25,000.00 without first obtaining and depositing with Lessor performance and labor and material payment bonds naming Lessor and the Approved Space Plan or State of Hawaii as additional obligees with a responsible surety authorized to do business in the Approved Working Drawings (once completed) or require State of Hawaii, which bonds shall guarantee completion of such construction in accordance with the installation contract therefor free and clear of all mechanics’ and materialmen’s liens and shall be in a penal sum not less than 100% of the cost of such construction. Neither Lessor’s approval nor the approval of any “Non-Conforming Improvements,” as defined in Article 2, below without architect or engineer engaged by Lessor of any plans or specifications reviewed by Lessor or such architect or engineer pursuant to the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision provisions of this Lease, all Improvements or of the construction of any improvements, shall be deemed Landlorda warranty or other representation by Lessor that such plans or specifications or the construction of the improvements are legal, structurally safe or sound, or adequate for Lessee’s property under use. Lessee shall own these improvements until the terms expiration or earlier termination of this Lease, at which time the ownership shall, at the option of Lessor, become the property of Lessor, or upon written notice by Lessor shall be removed by Lessee, at its sole cost and expense, as set forth in Section 28 below.
Appears in 1 contract
Sources: Ground Lease
Improvements. Landlord and Tenant have approved that certain space plan for (a) No later than August 1st of each calendar year during the Premises prepared by Hooks ASDLease Term, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant Lessee shall cooperate notify Lessor in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive writing of any and all benches, furniture, fixtures, and equipment (collectively, Improvements that Lessee proposes to make in the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”)succeeding calendar year. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements Each such notice shall include, without limitation, : (i) one (1) coat a description of Building standard paint, with the “base” color Improvements and the design and material equipment to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for used in connection with such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), Improvements; (ii) Building standard carpet selected by Landlorda proposed timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) wall or floor feedsthe expected total and monthly capital costs for Lessee to design, as applicableengineer, procure, permit and construct each of the respective Improvements. Lessee shall provide to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications Lessor such additional information with respect to the Improvements as Lessor may reasonably request.
(b) Lessee shall be obligated to obtain any Authorizations required to design, engineer, procure, permit, construct and operate any Improvement, including any PSCW Authorizations that would be applicable if the Improvement was proposed to be constructed and/or owned by a public utility in Wisconsin. The Parties agree that they will not, either separately or jointly, attempt to avoid PSCW regulation and oversight of Improvements, including by dividing an Improvement into a series of renewals, replacements, improvements, enhancements, modifications, alterations or additions any one or a number of which would not be of sufficient cost to mandate PSCW oversight.
(c) Lessor shall finance all capital costs with respect to any Improvement so long as the Approved Space Plan or Lessee’s senior unsecured indebtedness is rated at least Investment Grade. Lessor and Lessee shall promptly meet to agree on: (i) the Approved Working Drawings final design and material equipment to be used in connection with the Improvements; (once completedii) or require the installation final timeline for designing, engineering, procuring, permitting and constructing each of the Improvements; and (iii) the total capital costs and the monthly capital costs required to design, engineer, procure, permit and construct each of the Improvements.
(d) If Lessor does not agree to fund the cost of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlordor otherwise is unable to do so, which consent Lessee may make, or cause to be withheld in Landlord’s sole discretion if made, any such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseImprovements.
Appears in 1 contract
Sources: Facility Lease Agreement (Madison Gas & Electric Co)
Improvements. Except as specifically set forth herein, Landlord and Tenant have approved that certain space plan shall not be obligated to provide or pay for any improvement work or services related to the Premises prepared by Hooks ASD, dated as improvement of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and Tenant shall continue to accept the final architectural working drawings Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent withits presently existing, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”)"as-is" condition. Notwithstanding the foregoing, Landlord with respect to the Premises Tenant shall be entitled to a one-time tenant improvement allowance (the "Tenant Improvement Allowance") equal to $200,000.00 for the costs relating to the design and construction of Tenant's improvements which are permanently affixed to the Premises (the “Tenant acknowledge and agree that the Improvements shall includeImprovements”). The Tenant Improvement Allowance will be disbursed in accordance with Landlord's standard disbursement procedures, including, without limitation, following Landlord's receipt of (i) one evidence (1i.e., invoices or other documentation reasonably satisfactory to Landlord) coat of Building standard paintpayment for the Tenant Improvements, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlordfully executed, unconditional lien releases from all contractors, subcontractors, laborers, materialmen, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to suppliers used by Tenant in connection with the extent necessary based on the Approved Space Plan and/or the Approved Working DrawingsTenant Improvements. The Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under constructed in accordance with the terms and conditions of this Section 9 of the Original Lease, except that Tenant may use non-union labor in connection with the Tenant Improvements. In no event shall Landlord be obligated to disburse any portion of the Tenant Improvement Allowance subsequent to December 31, 2019, nor shall Landlord be obligated to disburse any amount in excess of the Tenant Improvement Allowance in connection with the construction of the Tenant Improvements. No portion of the Tenant Improvement Allowance, if any, remaining after the construction of the Tenant Improvements shall be available for use by Tenant.
Appears in 1 contract
Sources: Lease (Cytokinetics Inc)
Improvements. Section 6.1 - Landlord's Responsibilities.
(a) Landlord, at its own cost and expense, shall construct that portion of the Premises required in Exhibit "GCS1.0" to be constructed by Landlord at its sole cost and expense, all in accordance with Exhibit "GCS1.0" and all in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules and ordinances. As part of such work, Landlord shall construct a dome to raise the ceiling directly in front of the main entrance of the Premises to at least seventeen (17) feet from the floor of the Shopping Center in that same area in accordance with plans and specifications mutually agreed upon by both parties, which agreement shall not be unreasonably withheld by either party.
(b) Landlord warrants that its work shall be delivered free and clear of liens, encumbrances and violations or conditions which may constitute violations of any laws, ordinances, or regulations relating to the use, occupancy and construction of the Premises and the building containing the same.
(c) Landlord, at Tenant's sole cost and expense, shall construct in accordance with Exhibit "GCS1.0" that portion of the Premises required in Exhibit "GCS1.0" to be constructed by Landlord at Tenant's sole cost and expense ("Chargebacks"). Landlord may, at its sole option, bill ▇▇▇▇▇▇ ▇▇▇ the Chargebacks following the RCD, and Tenant have approved that certain space plan for shall pay Landlord the Chargebacks no later than twenty (20) days following receipt of Landlord's billing.
(d) By the earlier to occur of one hundred twenty (120) days after Tena▇▇ ▇▇▇es possession of the Premises prepared by Hooks ASD, dated as of April 14, 2011 (or the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Leasedate on which Tenant opens for business, Tenant shall cooperate inform the Landlord, in good faith with Landlord’s architects and engineers writing, of any items that were required to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and be performed by Landlord which are a logical extension of, incomplete or inadequate; otherwise Tenant shall be deemed to have acknowledged that all work required to be performed in connection with the Approved Space Plan (as reasonably determined by Landlord) Premises and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, obligations to be performed by Landlord on or before the “opening of the Premises have been fully performed; except that Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) have one (1) coat year from the date Tenant takes possession of Building standard paint, with the “base” color Premises to inform Land▇▇▇▇ ▇▇ writing of any latent defects in any items that were required to be selected performed by Landlord and the “accent” color to which cannot reasonably be selected by Tenant detected within three such one hundred twenty (3120) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to days.
Section 6.2 - Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings's Responsibilities. Tenant shall make no changesat its own expense and in accordance with Exhibit "GCS1.0":
(a) Secure all permits and licenses necessary for the construction of any of its installations and the prosecution of its work, additions or modifications and Tena▇▇ ▇▇▇ll comply with all laws and regulations relating to the Improvements or conduct of said work.
(b) Construct the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter remainder of the Improvements Premises and installations therein and construct the balance of the leasehold improvements necessary to enable Tenant to occupy the Premises as shown in Tenant's plans and specifications as approved by Landlord or would impose any additional costsLandlord's architect, all in a good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other government rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Premises or Tenant's use thereof. Notwithstanding any other provision hereof, any installation to be made or work to be performed by Tenant on or for the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease.Premises prior to the
Appears in 1 contract
Sources: Lease Agreement (Movado Group Inc)
Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on improvements in the Approved Working Drawings Premises (the “Improvements”) pursuant to that certain space plan attached to this Lease as Exhibit A (the “Space Plan”). Notwithstanding the foregoingOther than as expressly contemplated by Section 3.1 below, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” (as that term is defined in Article 2, below below), without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” (as that term is defined in Section 5.1 of this Work Letter 5.1, below) of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease.. Notwithstanding any provision to the contrary contained in this Work Letter Agreement, in no event shall the cost of the Improvements exceed a total amount equal to […***…] Dollars ($[…***…]) (i.e., […***…] Dollars ($[…***…]) per each of the rentable square feet of the Premises) (the “Landlord Contribution Amount”). All costs in excess of the Landlord Contribution Amount shall be paid to Landlord by Tenant in advance within five (5) days following Tenant’s receipt of a request therefor. All such funds provided by Tenant shall be disbursed by Landlord and exhausted prior to disbursement of the Landlord Contribution Amount. Notwithstanding any provision to the contrary contained in this Lease or this Work Letter, but except as expressly provided in Section 6.8 below, in no event shall the Landlord be obligated to pay (via the Landlord Contribution Amount or otherwise) for any moving costs or expenses or any costs or expenses associated with the purchase, installation, operation or maintenance of any furniture, fixtures, equipment, art, cabling, audio/visual equipment, access controls, security equipment and/or office signage. *** Confidential Treatment Requested
Appears in 1 contract
Improvements. Within thirty (30) days after the execution of this Third Amendment, Tenant shall submit to Landlord and Tenant have approved that certain for approval a detailed space plan (“Space Plan”) for the Premises improvements to the Expansion Space which shall include without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements. The Space Plan and the Construction Drawings (as defined below) shall be prepared by Hooks ASD, dated as of April 14, 2011 ▇. ▇▇▇▇▇ Associates (the “Approved Space PlanArchitect”). The Approved Landlord agrees to cooperate with Tenant and its design representatives in connection with the preparation of the Space Plan is attached Plan. Within five (5) business days after receipt by Landlord of the Space Plan, Landlord (i) shall give its written approval with respect thereto, or (ii) shall notify Tenant in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Landlord to this Work Letter as Schedule 1give its approval. Immediately Within five (5) business days following Tenant’s execution and delivery receipt of this LeaseLandlord’s disapproval, Tenant shall cooperate in good faith submit to Landlord for approval the requested revisions or modifications. Within five (5) business days following receipt by Landlord of such revisions or modifications, Landlord shall give its written approval with respect thereto or shall request other revisions or modifications therein (but relating only to the extent Tenant has failed to comply with Landlord’s architects and engineers earlier requests). The preceding sentence shall be implemented repeatedly until Landlord gives its approval to supply such information as is necessary Tenant’s Space Plan. The improvements to allow Landlord’s architects and engineers be made to complete the architectural and engineering drawings for the Premises, and Expansion Space that are described in the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (are hereinafter referred to as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease.
Appears in 1 contract
Sources: Lease (Iteris, Inc.)
Improvements. Landlord and Tenant have approved that certain space plan for Lessee shall construct, upon the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Leased Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards following improvements (collectively, the “Approved Working DrawingsInitial Improvements”): (i) a general aviation terminal consisting of at least 3,000 square feet; (ii) aircraft hangar(s) totaling 20,000 square feet; (iii) above ground storage tanks to accommodate the storage of jet fuel and avgas; and (iv) all ancillary improvements necessary for the operation of the Permitted Use, including but not limited to taxi-lanes, vehicle parking lanes, utilities and other facilities or improvements outlined in the Lease Agreement (Exhibit 4). Using Building standard materialsAny improvements constructed or installed by Lessee in addition to the foregoing shall be deemed “Additional Improvements” for purposes of this Agreement. For Initial Improvements and Additional Improvements , methodsLessee shall have the right, components at its sole expense, to improve, modify and finishesmake additions to the land leased to Lessee; provided, Landlord shall cause however, that prior to any construction, improvements or additions to facilities, including outdoor storage of materials and/or signage, Lessee must first obtain from Lessor the installation and/or construction prior written approval of those certain items (exclusive of all plans and specifications for any and all benchesconstruction, furnitureimprovements or additions, fixtureswhich approval will not be unreasonably withheld. Factors relevant to approval include but are not limited to: aesthetic interior or exterior appearance, the safety of the Airport, and equipment the extent of interference with other tenants' activities. All construction and improvements undertaken by Lessee shall be completed in a workmanlike manner without damage to existing facilities or interference with other tenant/airport activities. Lessee agrees to build approved capital improvements in accordance with Airport’s Master Plan and in accordance with pavement standards and requirements necessary to support critical aircraft (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benchesGlobal Express 8000) to the extent Lessee determines that the demand for services and needs have increased sufficiently to justify additional capital expenditures by Lessee, as well as in accordance with the Lessor’s current Architectural Guidelines. The Lessor represents and warrants to the Lessee that the Leased Premises is suitable for the operation of the Permitted Use and construction of the Initial Improvements and that the Lessor has no knowledge of any matter which would reasonably be anticipated to adversely affect such operation or construction. If ▇▇▇▇▇▇’s request for improvements is granted by ▇▇▇▇▇▇, then the following conditions shall apply:
(a) Lessee shall be required to obtain, at its sole cost and expense, all required permits and licenses necessary based and will comply with applicable zoning laws, building codes, and other laws and regulations of all appropriate governmental entities, including the State of Florida, Polk County and the City of Lakeland as it relates to the construction or installation of approved improvements and additional improvements to the Leased Premises.
(b) ▇▇▇▇▇▇ expressly agrees for itself, successors and assigns, to restrict the height of all structures, objects and/or natural growth in and upon the Leased Premises determined by the FAA to constitute an obstruction or hazard pursuant to 14 C.F.R. Part 77, as may be amended from time to time. ▇▇▇▇▇▇ agrees to comply with the notification and review requirements of said regulations in the event any future structure or building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Approved Space Plan and/or Leased Premises.
(c) ▇▇▇▇▇▇ agrees to hire only licensed contractors and subcontractors and to indemnify the Approved Working Drawings. Tenant shall make no changes, additions or modifications to Lessor in the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation event of any “Non-Conforming Improvements,” as defined in Article 2, below without loss or damage resulting from work performed by ▇▇▇▇▇▇’s contractors and subcontractors on the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this LeaseLeased Premises.
Appears in 1 contract
Sources: Lease Agreement
Improvements. Landlord 3.1 Performance of Work and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as Approval of April 14, 2011 (the “Approved Space Plan”)Landlord's Work. The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause to be performed the installation and/or construction of those certain items work required by Exhibit B (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”"Landlord's Work"). Notwithstanding All such work shall be done in a good and workmanlike manner employing good materials and so as to conform to all applicable governmental laws, ordinances and regulations. Tenant agrees that Landlord may make any changes in such work which may become reasonably necessary, other than substantial changes, without approval of Tenant, provided notice is promptly given to Tenant; and Landlord may make substantial changes in such work, with the foregoingwritten approval of Tenant, which Tenant agrees will not be unreasonably withheld. Landlord's Work shall be substantially completed by the Delivery Date, subject to the provisions of Section 9.5 hereof. Landlord agrees that as of the Commencement Date the access and other common areas appurtenant to the Premises will be in compliance with the American's with Disabilities Act and Tenant agrees that modifications to the Premises that may be required under the American's with Disabilities Act because of the disability of a particular employee of Tenant shall be made by Tenant at its expense. Landlord and Tenant acknowledge that included in the Landlord's Work is the installation of certain ▇▇▇▇▇▇ ▇▇▇▇▇▇ Systems Furniture (the "▇▇▇▇▇▇ Furniture"). Landlord has purchased the ▇▇▇▇▇▇ Furniture and agree amortized the cost of the same over seven years so that the Improvements shall includeannual rent for each year of the Term includes 14.29% of the partition cost. Accordingly, without limitationat the expiration of the Term, and provided no Event of Default has occurred that has not been cured at the expiration of the Term, Landlord agrees Tenant may either (i) one (1) coat remove 57 percent of Building standard paint▇▇▇▇▇▇ Furniture from the Premises, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), or (ii) Building standard carpet selected by Landlordpay Landlord $105,232.00, which will be the remaining unamortized cost of the ▇▇▇▇▇▇ Furniture at the end of the Term, and (iii) wall or floor feedsthereafter remove all of the ▇▇▇▇▇▇ Furniture, as applicable, in either case such removal to Tenant’s benches (as opposed to distribution through Tenant’s benches) be completed not more than 30 days prior to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter expiration of the Improvements or would impose any additional costs. Notwithstanding Term and the foregoing or any contrary provision of this Lease, all Improvements shall Premises are to be deemed Landlord’s property under otherwise in the terms of this Leasecondition required by Section 5.1.10.
Appears in 1 contract
Improvements. Landlord and Tenant have approved that certain space plan for Subject to the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery terms of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension ofEscrow Agreement, the Approved Space Plan (as reasonably determined by Landlord) and otherwise Escrowed Funds may be used only for roadway improvements that are necessary in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings order to re-open (the “Improvements”) that portion of ▇▇▇▇▇ Trail located on and adjacent to that certain real property adjacent to the Property and indicated on Exhibit A hereto (such portion, the “Road”). Notwithstanding The City will cause the foregoingImprovements to be made to the Road pursuant to that certain proposal dated August 22, Landlord 2024, from ▇▇▇▇▇▇▇▇ Asphalt & Concrete Paving, LLC (“▇▇▇▇▇▇▇▇”) as attached hereto and Tenant acknowledge made a part hereof as Exhibit B (the “Road Improvements Proposal”), with construction commencing within thirty (30) days following the Effective Date, and agree completion of such construction within six (6) months following the Effective Date. The City shall execute the Road Improvements Proposal and deliver a copy of such executed proposal to Developer and Owner promptly following its execution. To the extent that ▇▇▇▇▇▇▇▇ seeks or requests that the scope of work or cost of materials contained in the Road Improvements shall include, without limitation, Proposal increases by ten percent (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed10%) or require more in the installation aggregate, the City shall notify Developer and Seller of any “Non-Conforming Improvements,” such proposed modifications and shall only consent to such modifications after receiving consent from the Seller and Developer. The Escrowed Funds (or such part of the Escrowed Funds as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay necessary to complete the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter Improvements) may be used to pay ▇▇▇▇▇▇▇▇ for the expenses incurred for the construction of the Improvements or would impose any additional costs. Notwithstanding as set forth in the foregoing or any contrary provision of this Lease, all Road Improvements shall be deemed Landlord’s property under Proposal and pursuant to the terms of this LeaseEscrow Agreement; provided, however, that any cost or expense in excess of the Escrowed Funds related to or in connection with the Improvements shall be the responsibility of the City.
Appears in 1 contract
Sources: Escrow Agreement
Improvements. Landlord and Tenant have approved that certain space plan for the Premises prepared by Hooks ASD, dated as of April 14, 2011 (the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate be entitled to construct Improvements in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, the construction of which shall be pursuant to the terms and conditions of the Tenant Work Letter attached hereto as Exhibit “A.” In the event Tenant desires to utilize all or any portion of the Additional Allowance, Tenant shall, within thirty (30) days prior to the performance of any work involving such Additional Allowance (i.e., the Improvements in substantial conformity with the Preliminary Space Plan and the final architectural working drawings other Construction Drawings with respect thereto), provide Landlord with written notice of the amount of the Additional Allowance that Tenant elects to utilize and Tenant shall deliver to Landlord the Letter of Credit described in Section 5 below. In the event Tenant elects to not utilize the Additional Allowance described in Exhibit “A”, then Tenant shall, within thirty (30) days prior to performing any such Improvements in the Premises (i.e., the Improvements in substantial conformity with the Preliminary Space Plan and the other Construction Drawings with respect thereto), either (1) obtain a lien and completion bond in an amount determined by Landlord to be sufficient to ensure the complete and lien free completion of the Improvements in substantial conformity with the Preliminary Space Plan (and such other Construction Drawings) (and in a form which is complete approved by Landlord) or (2) deposit an amount equal to allow subcontractors to bid on the work total costs of the design and to obtain all applicable permits and construction of the Improvements in a manner consistent with, and which are a logical extension of, substantial conformity with the Approved Preliminary Space Plan (as reasonably determined by Landlordand such other Construction Drawings) and otherwise in accordance a sole order escrow with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be an escrow company selected by Landlord and for the “accent” color sole benefit of Landlord pursuant to be selected by Tenant within three escrow instructions directing the escrow holder to make progress payments during the construction process (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), (ii) Building standard carpet selected by Landlord, and (iii) wall or floor feeds, as applicable, acceptable to Tenant’s benches (as opposed to distribution through Tenant’s benches) to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld Landlord in Landlord’s sole discretion if such change or modification would directly or indirectly delay and absolute (but good faith) discretion) which will provide, among other things, that Landlord will have the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter unilateral right to direct the disposition of the funds for the costs of such Improvements and Tenant shall have no right to contest the same. Regardless of which of the two (2) options above are selected by Tenant, the lien and completion bond or would impose the escrow account will not include the Tenant Improvement Allowance, but will be based on all amounts over such Tenant Improvement Allowance to be paid by Tenant directly. Upon completion of such Improvements and reasonable proof of payment by Tenant, any additional costs. Notwithstanding funds remaining in such escrow account, together with all accrued interest thereon, will be returned to Tenant and Landlord agrees to execute commercially reasonable documents required by the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under escrow holder to effectuate the terms of this Leaseforegoing.
Appears in 1 contract
Sources: Lease (SGX Pharmaceuticals, Inc.)
Improvements. Landlord and Tenant have approved that certain space plan for agrees to perform, at Landlord's expense (except as hereinafter provided), the work ("Landlord's Work") within the Premises prepared by Hooks ASDdescribed in or shown on, dated and substantially in accordance with, the Construction Drawings. Tenant shall, at its expense (except as of April 14provided in the next sentence), 2011 prepare the construction drawings (the “Approved Space Plan”)"Construction Drawings") for Landlord's Work. The Approved Space Provided that Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods and shall have taken occupancy of the Premises for business, Landlord shall reimburse Tenant up to $55,908.17 (the "Plan is attached to this Work Letter as Schedule 1. Immediately following Tenant’s execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete Allowance") for the architectural and engineering drawings fees incurred by Tenant in preparing the Construction Drawings, such reimbursement to be made within thirty (30) days of Landlord's receipt of a reasonably detailed invoice from Tenant describing such fees. The Construction Drawings shall be subject to Landlord's approval; and Landlord shall have the right, by notice to Tenant at or prior to the time of its approval of the Construction Drawings, to modify the Estimated Substantial Completion Date based upon the nature of the work shown on the Construction Drawings. Tenant agrees that the Construction Drawings shall be prepared in a diligent and efficient manner so that Landlord's final approval thereof is obtained by March 15, 1998. Tenant acknowledges and agrees that the general contractor for Landlord's Work shall be ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ Inc. ("BB&E"). The general contractor's fee to be charged by BB&E shall not exceed three (3%) percent of the Premises, aggregate costs of Landlord's Work; and the final architectural working drawings in a form which is complete general conditions component of the costs of Landlord's Work shall not comprise more than six (6%) percent of the aggregate costs of Landlord's Work. Landlord agrees to allow subcontractors require BB&E to bid on obtain, to the work and to obtain all applicable permits and in a manner consistent withextent reasonably obtainable, and which are a logical extension of, the Approved Space Plan bids from no more than five (as reasonably determined by Landlord5) and otherwise in accordance with Building standards no less than three (collectively, the “Approved Working Drawings”)3) subcontractors for all trades necessary to complete Landlord's Work. Using Building standard materials, methods, components and finishes, Landlord All subcontractor bids shall cause the installation and/or construction be subject to Tenant's approval. If Tenant fails to respond to a request for approval of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall include, without limitation, (i) one (1) coat of Building standard paint, with the “base” color to be selected by Landlord and the “accent” color to be selected by Tenant a subcontractor bid within three (3) business days following of Landlord’s 's request therefor, such approval shall be deemed given. Landlord agrees to undertake construction of the Premises in accordance with the provisions hereof in a good and workmanlike fashion and in compliance with applicable codes. Without limiting the foregoing, Landlord shall, at its expense (in addition to the Plan Allowance and Landlord's Contribution, as hereinafter defined), cause the restrooms on each floor of the Premises to comply with the ADA as in effect on the date hereof. Tenant's vendors and contractors shall be permitted entry to the Premises prior to the Term Commencement Date for the installation of Tenant's equipment and furnishings (including cabling and wiring) and the performance of such selection other work as Tenant may desire (subject to the provisions of Section 5.5 hereof), provided that such accent color must be reasonably available installation and otherwise reasonably coordinate other work shall not unreasonably interfere with the “base” color selected performance of Landlord's Work. Landlord shall use reasonable efforts to coordinate and schedule Landlord's Work so that Tenant may perform its work on a floor-by-floor basis. In the event that Tenant shall request and Landlord shall approve supplementary plans or specifications or work or changes to the Construction Drawings, then Landlord shall render to Tenant an estimate of the additional cost of such plans or specifications, work or changes and (unless such cost, when added to the other costs of Landlord's Work, will not exceed Landlord's Contribution) Tenant shall pay such amount to Landlord prior to Landlord having any obligation to undertake any such work; provided, however, that Tenant shall be responsible for any delays in the performance or substantial completion of Landlord's Work on account of any such supplementary plans or specifications, work or changes requested by Landlord)Tenant. Landlord shall notify Tenant of any such delays, (ii) Building standard carpet selected and of any delays caused by any change order requests initiated by Landlord, promptly upon Landlord becoming aware of the same. The costs and (iii) wall expenses to prepare any supplementary plans or floor feeds, as applicable, specifications or to Tenant’s benches (as opposed to distribution through Tenant’s benches) make any changes to the extent necessary based on Construction Drawings shall be Tenant's responsibility. Landlord shall respond to any request for approval under this paragraph within three (3) business days of Tenant's written request therefor; and if Landlord fails to respond within such three (3) business day period, Landlord's approval of the Approved Space Plan and/or supplementary plans or specifications or work or the Approved Working Drawingschanges to the Construction Drawings shall be deemed given. Landlord shall contribute $17.50 per square foot of rentable area of the Premises ("Landlord's Contribution") towards the costs of Landlord's Work, which costs shall include, without limitation, demolition costs and the costs, if any, incurred by Landlord to engage an architect or engineer to review the Construction Drawings to determine their compliance with the ADA. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent reimburse Landlord for all costs of Landlord's Work in excess of Landlord's Contribution within thirty (30) days of billing(s) from time to time (whether before or after the Term Commencement Date) therefor (accompanied by documentation supporting such excess costs). If Landlord's Contribution exceeds the costs of Landlord's Work and Tenant is not in default under this Lease beyond the expiration of applicable notice and cure periods, which consent may such excess shall, at Tenant's election, be withheld in Landlord’s sole discretion if paid by Landlord to Tenant within thirty (30) days of Tenant's notice to Landlord of such change election or modification would directly or indirectly delay the “Substantial Completion,” as that term be credited against Tenant's obligation to pay Base Rent until such excess is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Leasereduced to zero.
Appears in 1 contract
Improvements. a. Tenant hereby accepts the Premises in its "as is" condition existing on the date of execution of this Lease. Landlord shall have no obligation to construct any tenant improvements to the Premises on behalf of the Tenant.
b. Tenant shall, at Tenant's sole cost and Tenant have approved that certain space plan expense, construct improvements ("Improvements") for the Premises prepared by Hooks ASD, dated as of April 14, 2011 (in accordance with the “Approved Space Plan”). The Approved Space Plan is attached to this Work Letter Agreement attached hereto as Schedule 1. Immediately ----------
c. As part of the Improvements, and in accordance with the provisions of Section 25 of the Lease and Schedule 1 attached hereto (including, ---------- without limitation, Tenant shall be required to bear all costs and expenses associated with the work, Tenant shall obtain Landlord's prior written approval of all work, Tenant shall obtain all necessary approvals in connection thereto, Tenant shall indemnify Landlord in connection therewith), Tenant shall be permitted to install and provide multiple structural openings into the Building for (a) fiber optic cabling from two (2) diverse entrances into the Building, (b) connecting the generator to the Premises, (c) providing a clear ground source directly to the Building grounding system at the entrance, (d) to install a roof-top HVAC system, (e) to modify the existing sprinkler system in the Premises to construct a dry-pipe, pre-action sprinkler system; this will consist of modifying the existing wet-pipe sprinkler system and installing a dry-pipe deluge valve to modify the wet system and to allow only air pressure in Tenant's system, this precaution system to meet all applicable codes and to not affect the Building system in any way, and (f) block one or more windows and roll-up doors.
d. Emergency Generator, Generator Conduits, HVAC - Tenant shall --------------------------------------------- have the right to install and use generators and related above-ground fuel tanks, generator conduits and HVAC ("Equipment") in the approximate location shown on Exhibit C hereto, subject to the terms and conditions of this Lease and --------- the following specific conditions:
(i) Tenant shall bear all costs and expenses associated with the installation of such Equipment and Tenant shall be responsible for, and shall bear all costs and expenses associated with the operation, maintenance and removal, if required under subsection (vii) below, of said Equipment upon the expiration of other termination of this Lease. Tenant understands and acknowledges that Landlord shall not be responsible for the operation of any such back-up power facility.
(ii) Subject to Tenant’s execution 's rights to make Alterations as more particularly set forth in Section 25 herein, the plans and delivery specifications for the Equipment shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall install the Equipment in a good and safe manner in accordance with the terms and conditions of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Approved Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (collectively, the “Approved Working Drawings”). Using Building standard materials, methods, components and finishes, Landlord shall cause the installation and/or construction of those certain items (exclusive of any and all benches, furniture, fixtures, and equipment (collectively, the “Tenant FF&E”)) identified on the Approved Working Drawings (the “Improvements”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that the Improvements shall includeincluding, without limitation, all of the provisions contained in Section 51 of this Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such facilities. Landlord shall have the right to have a representative present at the installation of the Equipment in order to approve the methods of installation and performance thereof.
(iii) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of such Equipment from state, federal and other governmental authorities and shall provide copies of all such approvals to Landlord prior to installation and operation of such Equipment. Further, Tenant shall construct, operate and maintain such Equipment in accordance with all applicable laws, including all environmental laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Building, damages for the loss or restriction or use of rentable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, sums paid in settlement of claims, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease as a result of such breach.
(iv) Tenant shall indemnify, defend and hold Landlord, its principals, officers, directors, agents, employees and servants harmless from and against any liability, loss, costs, claims, damage and expense of whatever kind arising directly or indirectly from the installation, operation, maintenance, repair, and removal of such Equipment, including, but not limited to, attorneys' fees and court costs.
(v) Tenant shall pay all taxes of any kind or nature whatsoever levied upon such Equipment and all licensing fees, franchise fees and other taxes, expenses and other costs of any nature whatsoever relating to the construction, ownership, maintenance and operation of said Equipment.
(vi) The rights afforded Tenant hereunder specifically to include: (i) the right to install and maintain one (1) coat of Building standard paint, with the “base” color to be selected by Landlord or more fuel lines between any fuel tanks and the “accent” color to be selected by Tenant within three (3) business days following Landlord’s request for such selection (provided that such accent color must be reasonably available and otherwise reasonably coordinate with the “base” color selected by Landlord), any generators; (ii) Building standard carpet selected by Landlord, the right to install and maintain necessary electrical connections from any generators to the Premises; and (iii) wall or floor feedsthe right of reasonable access to those portions of the Building necessary for the installation and maintenance of any generators, as applicabletanks, to Tenant’s benches (as opposed to distribution through Tenant’s benches) fuel lines, and electrical connections, subject to the extent necessary based on the Approved Space Plan and/or the Approved Working Drawings. Tenant shall make no changes, additions or modifications to the Improvements or the Approved Space Plan or the Approved Working Drawings (once completed) or require the installation of any “Non-Conforming Improvements,” as defined in Article 2, below without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter of the Improvements or would impose any additional costs. Notwithstanding the foregoing or any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms and conditions of this Lease.
(vii) Tenant shall remove said Equipment at the expiration or earlier termination of the Lease and repair any damage caused by said removal, provided, however, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to the placement of such Equipment whether Landlord will require Tenant to remove such alterations, additions or improvements at the end of the Lease Term.
(viii) Landlord grants to Tenant the right, at no additional charge or Rent, to install, and Landlord acknowledges that Tenant's use of the Premises will require some or all of the following: (i) backbone fiber optic cabling from two separate means of entry from the adjoining streets to, and core drilling of, the Building core structural wall and from the Building core structural wall, by two diverse paths, to the Premises; (ii) specialty air conditioning equipment in an area to be designated on Tenant's plans and specifications, together with all necessary connections from such location to the Premises; (iii) 3-phase, 4-wire live load electric service (including furnishing and installation of conduit) to the Premises' electrical closet and all necessary connections from such location to Tenant's equipment; (iv) an independent, Tenant controlled fire suppression system which will include access to Tenant for exhaust louvers, shafts or risers necessary for the discharge of exhaust from the Premises from such system as well as Tenant's air conditioning system; (v) connection of the office space areas within the Premises to Landlord's fire alarm system; (vi) a raised floor system to accommodate Tenant's telecommunications equipment; (vii) a copper insulated ground conductor in conduit from the master ground at the lowest point in the Building to the Premises; and (viii) the installation of interior walls or window covering materials to stabilize environmental conditions within the Premises.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)