Common use of Initial Improvements Clause in Contracts

Initial Improvements. Landlord shall cause to be performed design and construction of the improvements (the "Initial Improvements") in the Premises in accordance with plans and specifications approved by Tenant and Landlord (the "Plan"), which approvals shall not be unreasonably withheld. The Initial Improvements shall consist of (a) Landlord's building standard improvements as set forth on Appendix C-1, which shall be provided at the Landlord's cost ("Landlord's Contribution"), subject to the remaining terms hereof, and (ii) those non-standard building improvements, including non-standard millwork, lighting, finishes and fixtures, as set forth on Appendix C-2, which shall be paid for by Tenant. Landlord shall cause the Plans to be prepared by a registered professional architect, and mechanical and electrical engineer(s). As of the date of this lease, the Plans consist of Appendix A 10/23/97 , which Tenant has approved. The parties shall negotiate in good faith to reach final agreement as to the plans and specifications, and Landlord shall cause the plans and specifications to be prepared in accordance with the parties' final agreement. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure.

Initial Improvements. Landlord shall cause to be performed design and construction of the improvements (the "Initial Improvements") in the Premises in accordance with -------------------- plans and specifications approved by Tenant and Landlord (the "PlanConstruction ------------ Documents"), which approvals shall not be unreasonably withheld. The --------- Tenant has developed final space plans (the "Final Plans") for the Premises ----------- and delivered the same, together with detailed specifications for the Initial Improvements shall consist of (a) Landlord's building standard improvements as set forth Improvements, to Landlord on Appendix C-1May 6, which shall be provided at the Landlord's cost ("Landlord's Contribution"), subject to the remaining terms hereof, and (ii) those non-standard building improvements, including non-standard millwork, lighting, finishes and fixtures, as set forth on Appendix C-2, which shall be paid for by Tenant1998. Landlord shall cause the Plans to be prepared by a registered professional architect, and mechanical and electrical engineer(s). As of the date of this lease, the Plans consist of Appendix A 10/23/97 , which upon consultation with Tenant has approved. The parties shall negotiate caused the Construction Documents identified in good faith to reach final agreement as to Appendix H (the plans and specifications, and Landlord shall cause the plans and specifications "Delta Construction Documents") to be prepared in accordance with the parties' final agreementFinal ----------------------------- Plans, by a registered professional architect and mechanical and electrical engineer(s), and both Landlord and Tenant have approved such Delta Construction Documents. LandlordLandlord has retained ▇▇▇▇▇▇ Design Company as the architect to design the Initial Improvement, but reserves the right in its sole and absolute discretion to discharge said entity as long as the cost of such work does not exceed the amount agreed to by ▇▇▇▇▇▇ Design Group (unless Landlord pays such increased costs). Landlord shall also promptly cause mechanical and electrical drawings to be completed as required to conform with consultation of Tenantthe Delta Construction Documents, and such mechanical and electrical drawings, together with the Delta Construction Documents, shall select a contractor be defined as the "Engineered Construction ----------------------- Documents". The Engineered Construction Documents for the Initial Improvements --------- shall comply with all applicable Governmental Requirements. Tenant acknowledges that Landlord will prepare the Engineered Construction Documents based upon instructions from Tenant and, therefore, Landlord's preparation of the Engineered Construction Documents (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to perform the construction design of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure.

Initial Improvements. Landlord shall cause to be performed design and construction of the improvements (the "Initial Improvements") in the Premises in accordance with plans and specifications approved by Tenant and Landlord (the "PlanPlans"), which approvals Plans shall not be unreasonably withheldinitialed by Landlord and Tenant and attached hereto by November 20, 1998 or the Commencement Date of this Lease shall be January 1, 1999 and all conditions set forth in Paragraph 4. below shall be null and void. The Initial Improvements shall consist of (a) Landlord's building standard improvements as set forth on Appendix C-1, which shall be provided performed at the LandlordTenant's cost ("Landlord's Contribution")cost, subject to the remaining terms hereof, and Landlord's Contribution (ii) those non-standard building improvements, including non-standard millwork, lighting, finishes and fixtures, as set forth on Appendix C-2, which shall be paid for by Tenanthereinafter defined). Landlord shall cause the Plans to be prepared prepared, at Tenant's cost, by a registered professional architect, and mechanical and electrical engineer(s). As Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the date Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of this lease, the Initial Improvements or the compliance of such Initial Improvements or the Plans consist of Appendix A 10/23/97 , which Tenant has approvedwith applicable Governmental Requirements. The parties shall negotiate in good faith to reach final agreement as to the plans and specifications, and Landlord shall cause the plans and specifications to be prepared in accordance with the parties' final agreement. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (hereinafter defined). Such project management services shall be performed, at Tenant's cost, for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders.

Initial Improvements. Landlord shall cause to be performed design and construction of the improvements (the "Initial Improvements") in the Premises in accordance with plans and specifications approved by Tenant and Landlord (the "PlanPlans"), which approvals shall not be unreasonably withheld. The Initial Improvements shall consist of (a) Landlord's building standard improvements as set forth on Appendix C-1, which shall be provided performed at the LandlordTenant's cost ("Landlord's Contribution")cost, subject to the remaining terms hereof, and Landlord's Contribution (ii) those non-standard building improvements, including non-standard millwork, lighting, finishes and fixtures, as set forth on Appendix C-2, which hereinafter defined). The Initial Improvements shall be paid for by Tenantinclude any necessary HVAC ducting. Landlord shall cause the Plans to be prepared prepared, at Tenant's cost, by a registered professional architect, architect and mechanical and electrical engineer(s). As Such engineer(s) shall be approved, in advance, by the Landlord. On or before March 20, 1999 Tenant shall provide reasonable comments to such Plans or approve the same. Tenant shall be deemed to have approved such Plans if it does not timely provide reasonable comments on such Plans. If Tenant provides Landlord with reasonable comments to the initial draft of the date of this leasePlans, Landlord shall provide revised Plans to Tenant incorporating Landlord's comments. Tenant shall within one week after receipt then either provide reasonable comments to such revised Plans or approve such Plans. Tenant shall be deemed to have approved such revised Plans if Tenant does not timely provide reasonable comments on such Plans. Tenant hereby agrees that the Plans consist of Appendix A 10/23/97 , which Tenant has approvedfor the Initial Improvements shall comply with all applicable Governmental Requirements. The parties shall negotiate in good faith to reach final agreement as to the plans and specifications, and fact that Landlord shall cause the plans and specifications has caused to be prepared in accordance any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the parties' final agreementdesign of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (hereinafter defined). Such project management services shall be performed, at Tenant's cost, for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders.

Initial Improvements. Landlord shall cause complete the improvements shown on a space plan to be performed design mutually agreed to between Landlord and construction of the improvements Tenant (the "Initial Improvements") in the Premises in accordance with plans and specifications approved by Tenant and Landlord (the "Plan"), which approvals shall not be unreasonably withheld. The Initial Improvements shall consist of (a) Landlord's building standard improvements as set forth on Appendix C-1, which shall be provided at deemed owned by Landlord to the Landlord's cost ("extent paid for by Landlord's Contribution"), subject to the remaining terms hereof, and (ii) those non-standard building improvements, including non-standard millwork, lighting, finishes and fixtures, as set forth on Appendix C-2, which shall be paid for by Tenant. Landlord shall cause the Plans to be prepared by a registered professional architect, and mechanical and electrical engineer(s). As of the date of this lease, the Plans consist of Appendix A 10/23/97 , which Tenant has approved. The parties shall negotiate in good faith to reach final agreement as to the plans and specifications, and Landlord shall cause the plans and specifications to be prepared in accordance with the parties' final agreement. Landlord, with consultation of Tenant, shall select a contractor reasonably acceptable to Tenant to perform the construction of the Initial Improvements. Such contractor All materials, finishes and installations shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenantwithin the Building standard selection. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure. Punch List items shall be completed within 30 days of the Commencement Date. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (hereinafter defined) for a fee of 5% of the cost of the work. The Initial Improvements shall be deemed substantially completed ("Substantially Completed" or "Substantial Completion") on the date that Landlord's construction manager shall so indicate, provided that any Governmental Requirements which are conditions precedent to occupancy of the Premises (such as a plan check or temporary certificate of occupancy, if required by Governmental Requirements) have been satisfied, subject only to minor or insubstantial details of construction, mechanical adjustment or decoration to be performed, the incomplete state of which does not materially interfere with Tenant's use of the Premises for the Permitted Use, and provided that compliance with Governmental Requirements to enable Tenant to occupy the Premises has been obtained.