Initial Tenant Work. As used herein, the “Initial Tenant Work” shall mean all Alterations (as defined in Section 8) performed, or to be performed, in or about the Premises that upon substantial completion of the Base Building Work are required initially to put the Premises in condition suitable for Tenant’s use and occupancy, including, without limitation, any work desired by Tenant that is listed in the “Tenant” responsibility column on the Base Building Matrix attached hereto as Schedule C-3 (the “Responsibility Matrix”). Landlord and Tenant shall together coordinate and cooperate so that the Initial Tenant Work shall be performed in accordance with, and subject to, the provisions of Exhibit C and the Responsibility Matrix attached hereto, which shall be mutually agreed upon by Landlord and Tenant in order to minimize any delay or interference with the performance of the Base Building Work and to minimize any delay or interference with the performance of the Initial Tenant Work. Subject to Landlord’s obligations as expressly provided in Exhibit C, the Premises shall be leased by Tenant in good condition and configuration to permit Tenant to perform the Tenant improvements contemplated hereby. As used in this Lease, “Landlord Delay” shall mean any delay in the performance of the work required by Tenant pursuant to this Section 3.02 arising out of or resulting from the following: (i) any delay and/or default on the part of Landlord or its agents, engineers, architects, or contractors, (ii) any interference with ▇▇▇▇▇▇’s performance of the Tenant Improvements by Landlord or any of its agents, engineers, architects, or contractors, (iii) any delay by Landlord in the approval of plans; (iv) any errors or omissions in the Base Building Work; or (v) any other action or inaction by Landlord or any of Landlord’s agents, engineers, architects, or contractors causing a delay in the completion of the Initial Tenant Work.
Appears in 1 contract
Initial Tenant Work. As used hereinTenant, at Tenant’s sole cost and expense (except as hereinafter provided), subject to, upon and in accordance with the following provisions of this Section 1.5, shall perform the work needed to prepare the Premises for Tenant’s initial occupancy thereof (such work being herein called the “Initial Tenant Work” ”):
1.5.1. Landlord and Tenant acknowledge that Landlord has provided Tenant with complete and accurate as-built documents for the Premises, including architectural and mechanical, electrical and engineering plans. Tenant shall mean submit to Landlord, for Landlord’s approval, a complete and coordinated set of working, finished and detailed construction and engineering drawings and specifications for the Initial Tenant Work (such drawings and specifications are herein collectively called the “Initial Tenant Work Plans”), which Initial Tenant Work Plans shall (i) comply with all Alterations Legal Requirements (as defined in Section 8) performedArticle 13 hereof) and, or to at a minimum, the Building standards attached hereto and made a part hereof as Exhibit I, and (ii) be performed, in or about the Premises that upon substantial completion of the Base Building Work are required initially to put the Premises in condition sealed by a licensed architect and suitable for Tenantthe issuance of any required building permit. Landlord’s use and occupancy, including, without limitation, any work desired by Tenant that is listed in the “Tenant” responsibility column on the Base Building Matrix attached hereto as Schedule C-3 (the “Responsibility Matrix”). Landlord and Tenant shall together coordinate and cooperate so that approval of the Initial Tenant Work Plans shall not be unreasonably withheld, conditioned or delayed, unless the work described thereon either (x) affects the exterior (including the appearance) of the Building or any other portion of the Building outside of the Premises (except for vents for laboratory areas), (y) is structural or negatively affects the structural elements of the Building, or (z) affects the usage or the proper functioning of the Building Systems (as defined in Article 13 hereof) or any part thereof. Landlord shall advise Tenant within ten (10) Business Days after receipt of the Initial Tenant Work Plans of its approval or disapproval thereof, and, if Landlord does not approve the Initial Tenant Work Plans, of the changes required in the same so that they will meet Landlord’s approval. If Landlord disapproves the Initial Tenant Work Plans, Tenant shall deliver, or cause its architect to deliver to Landlord, revised Initial Tenant Work Plans, which respond to Landlord’s requests for changes. Landlord shall advise Tenant within five (5) Business Days after receipt of any Initial Tenant Work Plans of its approval or disapproval thereof, and, if Landlord does not approve the revised Initial Tenant Work Plans, of the changes required in the same so that they will meet Landlord’s approval. This iterative process shall continue until Landlord and Tenant mutually agree upon the Initial Tenant Work Plans. If Landlord fails to respond in writing with its approval or disapproval of the Initial Tenant Work Plans within any such 10-Business-Day or 5-Business-Day period (as applicable), then the Initial Tenant Work Plans for which Landlord’s approval has then been requested shall be performed deemed approved by Landlord.
1.5.2. Landlord makes no representations or warranties regarding the compliance of the Premises with the Americans with Disabilities Act of 1990 (herein called the “ADA”), except that the Premises shall not be in accordance withviolation of the ADA as of the date of delivery of possession to Tenant. With respect to any alterations or improvements that Tenant makes to the interior of the Premises (or which are made on Tenant’s behalf), including but not limited to the Initial Tenant Work, regardless of whether Tenant has obtained Landlord’s consent to such alterations or improvements, Tenant shall be fully responsible for complying with and paying any costs associated with any and all requirements of the ADA. In addition, if any alterations are required to be made to the Premises due to changes in or regulations under the ADA or judicial interpretations of the requirements of the ADA coming into existence following the Commencement Date, or due to changes in Tenant’s use of the Premises or in the nature of Tenant’s conduct of its business in the Premises (including, but not limited to, any changes in use or business conduct arising out of a sublease or assignment, or resulting in the Premises being deemed a “place of public accommodation” under the ADA), Tenant shall be fully responsible for complying with and paying any costs associated with any and all requirements of the ADA arising in connection therewith. Notwithstanding the foregoing, Landlord shall be responsible for constructing any improvements to the Public Areas of the Building, the Building Systems and the structural elements of the Building which are required to be made to bring the Base Building into compliance with the ADA as of the Commencement Date, and subject toto maintain such compliance during the Term of this Lease.
1.5.3. Tenant, promptly after Landlord’s approval of the provisions of Exhibit C and Initial Tenant Work Plans, shall apply to the Responsibility Matrix attached hereto, appropriate Governmental Authorities for any building permit(s) which shall be mutually agreed upon by Landlord and Tenant required in order to minimize any delay or interference connection with the performance of the Base Building Work and to minimize any delay or interference with the Tenant’s performance of the Initial Tenant Work.
1.5.4. Subject to Landlord’s obligations as expressly provided in Exhibit CTenant, following the Premises issuance of any building permit(s) which shall be leased by Tenant required in good condition and configuration to permit Tenant to perform the Tenant improvements contemplated hereby. As used in this Lease, “Landlord Delay” shall mean any delay in the performance of the work required by Tenant pursuant to this Section 3.02 arising out of or resulting from the following: (i) any delay and/or default on the part of Landlord or its agents, engineers, architects, or contractors, (ii) any interference connection with ▇▇▇▇▇▇Tenant’s performance of the Initial Tenant Improvements Work, shall commence to perform the Initial Tenant Work, and thereafter prosecute the Initial Tenant Work to completion (it being understood and agreed that Tenant shall not be obligated to commence the Initial Tenant Work promptly after issuance of said permits). Tenant shall perform the Initial Tenant Work in accordance with the approved Initial Tenant Work Plans, in compliance with all Legal Requirements, and otherwise in a good and workmanlike manner.
1.5.5. Tenant shall arrange for any inspections, and shall apply for and obtain any certificate of occupancy, required by Landlord or any of its agentsGovernmental Authority, engineers, architects, or contractors, (iii) any delay by Landlord with respect to the Initial Tenant Work.
1.5.6. Tenant shall pay for all costs incurred in the approval of plans; (iv) any errors or omissions in the Base Building Work; or (v) any other action or inaction by Landlord or any of Landlord’s agents, engineers, architects, or contractors causing a delay in the connection with completion of the Initial Tenant Work.. Notwithstanding the foregoing, Tenant shall be entitled to have Tenant’s TW Costs (as hereinafter defined), to the extent of Landlord’s TW Cost Obligation (as hereinafter
Appears in 1 contract
Sources: Lease Agreement (Insmed Inc)