Common use of Initial Tenant Improvements Clause in Contracts

Initial Tenant Improvements. Landlord shall select a general contractor ("Contractor"), to construct the initial interior tenant improvements (the "Tenant Improvements") in the Premises in accordance with the drawing prepared by Ambiance Associates ("Architect"), dated June 10, 1999, which was approved by Tenant and Landlord (the "Preliminary Plans"), and which are further described in Exhibit C-1 attached hereto. ----------- Landlord shall caused the final plans and construction drawings ("Final Plans") to be prepared, at no cost to Tenant, by the Architect based on the Preliminary Plans. After the completion of such Final Plans, Landlord shall submit the same to Tenant for Tenant's review and approval, which approval shall not be unreasonably withheld or delayed so long as such Final Plans are consistent with the Preliminary Plans. Following the approval of the Final Plans by Tenant, Landlord shall cause the Tenant Improvements to be constructed within the Premises on a "turn-key" basis in accordance with the Final Plans at no cost to Tenant, provided that Tenant shall be solely responsible for all costs associated with any Change Orders (as defined below) requested by Tenant. Landlord shall use commercially reasonable efforts (which efforts shall not include incurring any overtime or other special charges) to cause the Tenant Improvements to be substantially completed in accordance with the approved Final Plans in a timely fashion, subject to delays caused by tenant and Force Majeure (as defined in the Lease). Tenant acknowledges and agrees that the Commencement Date shall not be affected by any Tenant Delays (as defined below). Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Tenant Improvements and the Change Orders (hereinafter defined).

Initial Tenant Improvements. A. Landlord shall select a general contractor ("Contractor"), cause to construct be performed the initial interior tenant alterations, additions and improvements to the Expansion Space identified on the Approved Space Plan attached to the Amendment as Exhibit B-1 (collectively, the "“Expansion Space Tenant Improvements") ”). Except as otherwise set forth in Exhibit B-1, Landlord shall cause the Premises Expansion Space Tenant Improvements to be performed subject to and in accordance with Landlord’s standard specifications for the drawing prepared by Ambiance Associates Project ("Architect"“Project Standard Specifications”), dated June 10including, 1999but not limited to, which was approved by Tenant and Landlord (the "Preliminary Plans"), and standard building materials which are further described in Exhibit C-1 attached heretothen being used by Landlord for Building A. Landlord will provide Tenant with a copy of the Project Standard Specifications upon Tenant’s request. ----------- Landlord shall caused The work of constructing the final plans and construction drawings ("Final Plans") Expansion Space Tenant Improvements is referred to be prepared, at no cost to Tenant, by as “Landlord’s Work”. B. Following execution of the Architect based on the Preliminary Plans. After the completion of such Final PlansAmendment, Landlord shall submit the same cause to be prepared and delivered to Tenant for Tenant's ’s review and approvalapproval the final working drawings for Landlord’s Work (the “Final Plans”); provided, which approval shall not be unreasonably withheld or delayed so long as such Final Plans are consistent with the Preliminary Plans. Following the however, that Tenant’s review and approval of the Final Plans by Tenant, shall be limited to confirming their consistency with the Approved Space Plan and the Project Standard Specifications. Landlord shall cause the Tenant Improvements Landlord’s Work to be constructed within performed substantially as shown on the Premises on a "turn-key" basis in accordance Final Plans, excepting only minor variations (i.e., variations which are not inconsistent with the intent of the Final Plans at no cost to Tenant, provided that Tenant shall be solely responsible for all costs associated with Plans) as Landlord may deem advisable and any Change Orders (as defined below) requested approved by Tenant. Landlord shall use commercially reasonable efforts (which efforts shall not include incurring any overtime or other special charges) to cause the Tenant Improvements to be substantially completed in accordance with the approved Final Plans in a timely fashion, subject to delays caused by tenant and Force Majeure (as defined in the Lease). Tenant acknowledges and agrees that the Commencement Date shall not be affected by any Tenant Delays (as defined below). Landlord, or an agent of Landlord, shall provide project management services and in connection compliance with the construction of the Tenant Improvements and the Change Orders (hereinafter defined)Governmental Requirements.

Initial Tenant Improvements. Tenant agrees that, at its sole cost and expense, it will perform any and all work to be done within the Premises so as to ready its business for opening and operation within the Premises, including, but not limited to, all work necessary for code compliance and occupancy permits. Tenant represents to Landlord that as of the execution of this Lease, ▇▇▇▇▇▇ has inspected the physical nature and condition of the Premises to Tenant’s full satisfaction and has not relied upon any representation of Landlord or its agents as to the condition thereof or with respect to code compliance, except as expressly provided in this Lease. All improvements to be constructed by ▇▇▇▇▇▇ in readying the Premises for Tenant’s business shall select a general contractor ("Contractor"), hereinafter be referred to construct as the initial interior tenant improvements (the "“Initial Tenant Improvements"”. The design and construction of the Initial Tenant Improvements shall be subject to the provisions of Section 4 hereof. Promptly following the completion of the Initial Tenant Improvements, Tenant shall provide Landlord with (i) in the Premises in accordance with the drawing prepared by Ambiance Associates ("Architect"), dated June 10, 1999, which was approved a statement certified by Tenant and Landlord (Tenant’s general contractor that the "Preliminary Plans"), and which are further described in Exhibit C-1 attached hereto. ----------- Landlord shall caused the final plans and construction drawings ("Final Plans") to be prepared, at no cost to Tenant, by the Architect based on the Preliminary Plans. After the completion of such Final Plans, Landlord shall submit the same to Tenant for Tenant's review and approval, which approval shall not be unreasonably withheld or delayed so long as such Final Plans are consistent with the Preliminary Plans. Following the approval of the Final Plans by Tenant, Landlord shall cause the Initial Tenant Improvements to be constructed within the Premises on a "turn-key" basis in accordance with the Final Plans at no cost to Tenant, provided that Tenant shall be solely responsible for all costs associated with any Change Orders (as defined below) requested by Tenant. Landlord shall use commercially reasonable efforts (which efforts shall not include incurring any overtime or other special charges) to cause the Tenant Improvements to be substantially has been completed in accordance with the approved Final Plans in a timely fashionprovisions of this Section 1.11 (subject only to minor punchlist items, subject to delays caused by tenant if applicable); (ii) final lien waivers from all contractors, subcontractors and Force Majeure (as defined in the Lease). Tenant acknowledges and agrees that the Commencement Date shall not be affected by any Tenant Delays (as defined below). Landlord, or an agent of Landlord, shall provide project management services in connection materialmen who were involved with the construction of the Initial Tenant Improvements; and (iii) a copy of the final certificate of occupancy issued to Tenant for the Premises, as improved by the Initial Tenant Improvements, from the applicable municipal authority. Tenant shall not operate its business in the Premises until Tenant has completed the Initial Tenant Improvements and provided Landlord with the Change Orders (hereinafter defined)documentation therefor, as provided in the immediately preceding sentence.

Initial Tenant Improvements. (a) Landlord shall select a general contractor ("Contractor"), cause to construct be performed the initial interior tenant alterations, additions and improvements (the "“Tenant Improvements"”) in to the Premises identified on the Space Plan attached to the Lease as Exhibit C-1 (the “Approved Space Plan”), subject to and in accordance with the drawing prepared by Ambiance Associates notes and specifications for the Building attached hereto as Exhibit C-2 ("Architect")“TI Specifications”) which has been preliminarily priced as described on the attached Exhibit C-3. The work of constructing the Tenant Improvements is referred to as “Landlord’s Work”. (b) Following execution of the Lease, dated June 10, 1999, which was approved by Tenant and Landlord (the "Preliminary Plans"), and which are further described in Exhibit C-1 attached hereto. ----------- Landlord shall caused the final plans and construction drawings ("Final Plans") cause to be prepared, at no its sole cost and expense, and delivered to Tenant, by Tenant final working drawings for Landlord’s Work (the Architect based “Final Plans”). The Tenant Improvements shown on the Preliminary PlansFinal Plans shall be substantially consistent with those initially identified on the Approved Space Plan. After To the completion of such Final Plans, Landlord shall submit extent that the same to Tenant for Tenant's review and approval, which approval shall not be unreasonably withheld or delayed so long as such Final Plans are not substantially consistent with the Preliminary Plans. Following the approval Approved Space Plan, Tenant shall review and approve or disapprove of the Final Plans in writing within two (2) business days after delivery. If Tenant fails to approve or disapprove the Final Plans within such two (2) business day period, Tenant shall be deemed to have approved the Final Plans. Landlord shall cause Landlord’s Work to be performed substantially as shown on the Final Plans, excepting only minor variations (i.e., variations which are not inconsistent with the intent of the Final Plans) as Landlord may deem advisable, and any Change Orders approved by TenantLandlord. To the extent that variations from the Final Plan are required (other than minor variations), Landlord shall cause give Tenant notice of such variations and Tenant shall review and approve or disapprove (in Tenant’s reasonable discretion) such variations within two (2) business days after notice. If Tenant fails to approve or disapprove the Tenant Improvements to be constructed variations within the Premises on a "turn-key" basis in accordance with the Final Plans at no cost to Tenantsuch two (2) business day period, provided that Tenant shall be solely responsible for all costs associated with any Change Orders (as defined below) requested by Tenant. Landlord shall use commercially reasonable efforts (which efforts shall not include incurring any overtime or other special charges) deemed to cause have approved the Tenant Improvements to be substantially completed in accordance with the approved Final Plans in a timely fashion, subject to delays caused by tenant and Force Majeure (as defined in the Lease). Tenant acknowledges and agrees that the Commencement Date shall not be affected by any Tenant Delays (as defined below). Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Tenant Improvements and the Change Orders (hereinafter defined)variations.