Common use of Landlord Improvements Clause in Contracts

Landlord Improvements. Landlord will construct a laboratory build-out for the Premises ("Landlord Improvements") pursuant to plans submitted by Landlord to Tenant and reasonably approved by Tenant ("Plans"), which shall be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally shall provide for the Landlord Improvements to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstances.

Appears in 2 contracts

Sources: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)

Landlord Improvements. (a) On the Commencement Date, Landlord will construct deliver the Leased Premises to Tenant in a laboratory buildbroom clean condition, and, along with the lighting, electrical (excluding the UPS system and the diesel generator), mechanical and plumbing fixtures, plumbing systems, dock doors and HVAC servicing the Leased Premises, hot water, doors and plate-out for glass, will be delivered to Tenant in good condition and repair, as defined in Section 5.05 above. (b) After receipt of the Letter of Credit and any required building permit, Landlord will commence and diligently pursue to completion, the construction of the improvements to the Leased Premises ("the “Landlord Improvements") pursuant ”), in accordance with plans and specifications as shown in Exhibit B, subject to plans submitted approval by Landlord to Tenant and reasonably approved by Tenant local regulatory authorities ("the “Plans"), which shall Plans are made a part of this Lease by reference. Any changes or modifications to the Plans must be consistent made and accepted by written change order or agreement signed by Landlord and Tenant and will constitute an amendment to this Lease. Any Landlord Improvements made by Landlord are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant. Upon completion of any Landlord Improvements and issuance of a final certificate of occupancy (to be applied for by Landlord’s general contractor) and certification from Landlord’s general contractor certifying to Tenant that all Landlord Improvements have been completed in accordance with the floor plan attached hereto as Exhibit "C." The Plans generally (the “General Contractor’s Certificate”), thereafter Landlord shall provide for the and Tenant shall acknowledge receipt and acceptance of “as-built plans” of all work done in accordance with this Section 6.01. (c) Landlord Improvements shall furnish an allowance of up to $172,800.00 (One hundred seventy-two thousand, eight hundred dollars) (“Landlord Improvement Allowance”) to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, credited against the Tenant Improvements shall include cost of the construction of an energy efficient electronically controlled central HV/AC plantthe Landlord Improvements. Within five (5) days after If the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list actual cost of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of the Landlord Improvements is less than the Landlord Improvement Allowance (“Allowance Overage”), Tenant shall have no right or claim to such difference; provided however, that if there is an Allowance Overage, Landlord, upon submission of supporting documentation by Tenant, will reimburse Tenant for any third party costs of low voltage wiring and laboratory benches for the Leased Premises, but such reimbursement shall not exceed the lesser of the Allowance Overage or 69,120.00 (Sixty-nine thousand, one hundred twenty & xx/100 dollars). If the actual cost of construction of the Landlord Improvements exceeds the Landlord Improvement Allowance, Tenant shall pay such excess cost to Landlord within five ten (510) business days after written request therefor. Tenant shall provide written notice receipt of its disapproval of supporting documentation and the Plans General Contractor’s Certificate,. (d) Notwithstanding anything contained in Section 6.01 (c) above, within five (5) 30 days after the Plans have been issuance of the General Contractor’s Certificate, Landlord will determine the sum of (i) the actual cost of the Landlord Improvements, plus (ii) if any, the actual costs submitted detailing its precise reasons for disapproval. The failure by Tenant towards the Contingent Allowance, and the product of Tenant to disapprove the Plans in writing within a five (5) day period calculation shall be conclusively deemed Tenant's approval of rounded to the Plansnext $1,000.00 (One Thousand Dollars). If the resultant amount is less than the Landlord Improvement Allowance, Landlord shall have its architect revise reduce the Plans monthly Base Rent by $20.25 (“Base Rent Reduction Factor”) for each whole $1,000.00 (One Thousand Dollars) of such amount effective January 1, 2012. If it is determined that the monthly Base Rent is to remedy be reduced and if Tenant has already paid Base Rent in a pre-reduction amount, Landlord shall give Tenant credit for any reasonable objections of Tenantsuch excess payment, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure reduction in monthly Base Rent shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted memorialized in an amendment to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant In the event that the monthly Base Rent is reduced in accordance with this Section 6.01(d), there shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans be no reduction in the form Security Deposit Amount or in the requirements set forth for the Letter of Credit. The following example illustrates the intentions of the parties hereto as to computation of any reduction of the monthly Base Rent: Assumptions: 1. Actual cost of the Landlord Improvements: $100,000.00 2. Actual cost of qualifying costs for Contingent Allowance: $50,500.00 Total cost of Landlord Improvements and Contingent Allowance Costs: ($100,000.00 + $50,500.00) = $150,500.00 Determination of reduction in monthly Base Rent: Total Landlord Improvement Allowance $ 172,800.00 Less total cost of Landlord Improvements and contingent costs 150,500.00 $ 22300.00 Rounded to next $1,000.00 (One Thousand Dollars) $ 23,000.00 Divided by $1,000.00 (One Thousand Dollars) 1,000.00 Base Rent Reduction Factor 20.25 Reduction in monthly Base Rent $ 465.75 (e) In addition to the Landlord Improvements, Landlord, at Landlord’s sole cost and expense, shall have the following additional work performed on the Leased Premises prior to delivery of possession to Tenant, such work to be coordinated with the construction of the Landlord Improvements: (i) Replace all stained, damaged or missing ceiling tiles, (ii) Paint all walls in the Leased Premises, the color to be designated by Tenant, (iii) Replace all vinyl floor tiles in the open laboratory area as shown in Exhibit "F" attached to this Lease C, (iv) Shampoo all carpets in the office areas and incorporated herein hallways and (v) Any existing water supply or drainage pipes in the open lab area that are not initially utilized by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance capped and made reasonably flush with the terms of the Certificate. floor, but such capping shall allow for those pipes to be tapped by Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law for future use. (vi) Re-caulk all perimeter flashing; install new pads under all gas line blocking; repair any loose or unforeseen circumstancesopen curb or wall flashing; repack all pitch pans; repair any open joints on gravel guard; repair any loose scupper flashing; clean, prime and install EPDM peel and stick tape to all roof side tilt wall joints; clean all debris from around drains and entire roof; install ▇▇▇▇▇▇ 97 asbestos free aluminum coating to entire roof surface (vii) Repair any existing alligator or pothole areas.

Appears in 2 contracts

Sources: Commercial Lease (Oxford Immunotec Global PLC), Commercial Lease (Oxford Immunotec Global PLC)

Landlord Improvements. Prior to Tenant’s occupancy, Landlord will construct a laboratory build-out for shall complete the Premises ("Landlord Improvements") pursuant . Landlord shall use commercially reasonable efforts to plans submitted by Landlord to Tenant and reasonably approved by Tenant ("Plans"), which shall be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally shall provide for complete the Landlord Improvements to be constructed by the Anticipated Rent Commencement Date. (a) As of November 4, 2011, after consultation with Tenant, Landlord has provided Tenant with Landlord’s proposed plans and specifications (defined below in order to accommodate generally subpart (c))for the Landlord Improvements (such plans and specifications, as amended in accordance with the provisions of this Rider 101, are hereafter called “Plans and Specifications”). (b) The Plans and Specifications have been accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by both Tenant and Landlord, the Plans and Specifications are incorporated herein by reference and made a part hereof for all purposes. (c) Landlord and Tenant Improvements acknowledge that the plans dated November 4, 2011, by Page ▇▇▇▇▇▇▇▇▇▇▇ Page, LLP have been approved by both parties and shall include constitute the construction “Plans and Specifications.” (d) Promptly upon approval of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective DatePlans and Specifications, Tenant shall provide Landlord has caused general contractors to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request bid for construction of the Landlord Improvements within five (5) days after written request thereforImprovements. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans All bids have been submitted detailing its precise reasons for disapproval. The failure of Tenant opened together, with Landlord selecting the general contractor with the lowest bid to disapprove construct the Plans in writing within a five Landlord Improvements (5) day period shall be conclusively deemed Tenant's the “General Contractor”), subject to the reasonable approval of the PlansTenant. Landlord shall enter into a guaranteed maximum price construction contract with the General Contractor in the amount of its bid (the “Approved Bid”) and shall not modify such contract without Tenant’s consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord and Tenant have its architect revise reviewed the Plans and Specifications and the bids and have agreed upon the scope of work to remedy any reasonable objections be constructed at a cost of Tenant, and Tenant shall have an additional five (5) day period construction not to review exceed the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancesLandlord’s Contribution.

Appears in 2 contracts

Sources: Lease Agreement (Peloton Therapeutics, Inc.), Lease Agreement (Peloton Therapeutics, Inc.)

Landlord Improvements. A. Landlord will construct shall, in a laboratory build-out for good and workmanlike manner, using only new materials shall cause the Demised Premises (to be improved in accordance with the space plan shown on Exhibit "Landlord Improvements") pursuant C" and the specifications to plans submitted be agreed to by Landlord to Tenant and reasonably approved by Tenant ("PlansLandlord's Work"). Landlord shall comply with all requirements of public authorities including without limitation, which the requirements of the Americans with Disabilities Act and shall comply with all covenants, conditions and restrictions affecting the Demised Premises and the Permitted Encumbrances. B. Landlord shall cause to be consistent prepared and submitted to Tenant for its approval specifications in accordance with the floor space plan attached hereto as Exhibit that provides Tenant with a "C.turnkey" space ready to be occupied except for installation of furnishings and Tenant equipment. The Plans generally turnkey improvements shall provide include, without limitation, natural gas fired heating systems and electric air conditioning for the entire Demised Premises, individually designed to meet the needs of each Tenant's departments, as determined by Tenant in its sole discretion. Tenant shall promptly respond to any question or request of Landlord Improvements to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as facilitate the development of the plans and specifications for Landlord's Work. Landlord may otherwise agreedevelop the plans and specifications in parts so long as each part is a complete plan and specification for an integral unit or department of Tenant's operations. Unless otherwise determined by Landlord shall use its best efforts to complete the plans and specifications for Landlord's Work within twenty one (21) days after the execution of this Lease. Upon completion of the plans and specifications (or any part thereof), Landlord shall submit the completed work to Tenant Improvements who shall include either approve the construction plans and specifications within ten (10) days of an energy efficient electronically controlled central HV/AC planttheir submission to it or shall within the same time frame disapprove all or a portion of the plans and specifications indicating with specificity the reasons for its disapproval. Within Thereafter, Landlord shall revise the plans to correct the disapproved items in Tenant's submittal within five (5) business days after the Effective Date, of receipt of Tenant's submission. Each submission thereafter of Landlord and Tenant shall provide be responded to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of the Landlord Improvements within five (5) days after written request thereforof submission from one to the other until a full set of plans and specifications for Landlord's Work is fully approved by both parties. C. Landlord shall construct Landlord's Work in accordance with the approved plans and specifications. D. Landlord has prepared a budget for Landlord's Work which is attached hereto and made a part hereof in which Landlord has estimated that Landlord's Work shall cost $1,750,000. Tenant Within 15 days of completion of the plans and specifications, Landlord shall provide written notice Tenant with the cost of its disapproval Landlord's Work. To the extent the cost of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period Landlord's Work shall be conclusively deemed Tenant's approval of the Plans. exceed $1,750,000, Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five use good faith efforts to reduce the cost to $1,750,000 or less. If the costs are greater than $2,050,000, then Tenant may cancel this lease with three (53) day period days notice unless Landlord can reduce such costs less than $2,050,000 by using mutually accepted alternative designs or specifications. The budget ("Budget") shall become the amount for which Landlord agrees to review complete the revised Plans to reasonably determine if such objections were satisfiedwork except as a result of change orders approved in scope and amount by Tenant or force majeure; provided, however, in the event of a force majeure, Landlord shall give Tenant shall make no new objections reasonable prior notice of such excess of costs detailing to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved reasonable satisfaction the Plans within sixty causes thereof. E. Within fifteen (6015) days after completion of Landlord's Work, Landlord shall accumulate the date cost of Landlord's work and shall certify such plans were first submitted costs to Tenant, providing Tenant with a certificate of an independent certified public accountant. To the extent that the cost of Landlord's Work is less than $1,750,000, Landlord shall pay to Tenant hereunderwithin ten (10) days thereafter, ninety percent (90%) of the difference between $1,750,000 and certified cost of Landlord's Work. To the extent the cost of Landlord's Work shall exceed $1,750,000 but shall be less than $1,850,000, Tenant shall repay Landlord by adding to the Minimum Rent an amount equal to the monthly amount required to amortize the amount of such excess cost at an annual interest rate of nine percent (9%) in one hundred twenty equal (120) payments. Any costs for Landlord's Work in excess of $1,850,000 shall be reimbursed to Landlord by Tenant within thirty (30) days of receipt of the certified costs. Notwithstanding anything contained in this subsection, Tenant shall be required to pay no more than the amount specified in the Budget, except as a result of change orders approved in scope and amount by Tenant or force majeure. F. During the course of the performance of Landlord's Work, either party may request a change order to the plans and specifications for Landlord's Work. In such event, Landlord at its sole election may terminate this Lease. Tenant promptly shall timely sign and submit cause the change order to Landlord a Certificate of Approval of Tenant Improvement Plans be reflected in the form as shown plans and specifications; provided, however, in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved event the Plans on account of Tenant's failure to timely respond following the delivery performance of the Plans, such approval change order shall be deemed requested by Tenant and shall necessitate extra time in the performance of Landlord's Work, Landlord may refuse to have been given perform the change order unless Tenant excused Landlord day-for-day in accordance the time limit imposed in Section 9 hereof; and provided, further, that if the change order shall be requested by Tenant and shall require an increase in the cost of Landlord's Work, Landlord may refuse to permit the change unless Tenant agrees to pay for the cost of the change order without regard to the arrangements reflected in sub-section E. hereof. G. Landlord shall provide Tenant with all warranties with respect to Landlord's Work. All warranties shall be for one (1) year with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstances.following exceptions:

Appears in 1 contract

Sources: Lease Agreement (Quad Systems Corp /De/)

Landlord Improvements. (a) Landlord will construct a laboratory buildagrees to make those certain Tenant Improvements for each category as described in the "Preliminary" column on Exhibit J hereto in an amount not to exceed One Million One Hundred Twenty-out for Five Thousand Dollars ($1,125,000) (the Premises ("Landlord Improvements") pursuant in accordance with the time periods set forth on Exhibit J, but in no event to plans submitted exceed one (1) year from the Closing Date (the "Improvement Period"). On a monthly basis during the Improvement Period, upon Tenant's completion of all or any portion of the Landlord Improvements, upon Tenant's written request with the support documentation described in Exhibit H hereto, Landlord will reimburse Tenant for the cost of such portion of Landlord Improvements. (b) Landlord further agrees to make additional life safety improvements and other improvements as may enhance the value of the Property which may include those improvements described in the "Revised" column on Exhibit J and in excess of the amount shown in the "Preliminary" column for such category (as determined by Landlord in its reasonable discretion) (the "Additional Improvements") in an amount not to Tenant exceed One Million Five Hundred Seventy-Five Thousand Dollars ($1,575,000) on the terms and reasonably approved conditions set forth herein. From and after such time as the Net Operating Income for the Property (after funding the Capital Replacement Reserve Fund) reaches, for any trailing twelve (12) month period, 110% of the Debt Service payable by Tenant in the immediately preceding twelve ("Plans")12) month period, which shall be consistent Tenant may obtain Landlord's approval of any such proposed Additional Improvements and may, on a monthly basis, upon completion of all or any portion of the Additional Improvements, upon Tenant's written request with the floor plan attached hereto support documentation described in Exhibit H hereto, obtain reimbursement from Landlord for the cost of such portion of the Additional Improvements. (c) Landlord appoints Tenant as Exhibit "C." The Plans generally shall provide for its agent to make the Landlord Improvements to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, modelAdditional Improvements, and specificationsTenant indemnifies and holds Landlord harmless from and against all costs, damages and liabilities (iiincluding legal fees) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction arising from the making of the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed and Additional Improvements by Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstances.

Appears in 1 contract

Sources: Lease (Golf Trust of America Inc)

Landlord Improvements. A. Attached hereto as Exhibit C is a schedule of the plans and specifications comprising the outline specifications (“Outline Plans and Specifications”) for the improvements to be constructed on the Property by Landlord (the “Landlord Improvements”). The Building will have three (3) wings, each with three (3) floors and one with a lower level, and will contain a total of approximately 315,000 rentable square feet (RSF), as shown on the drawings included within the Outline Specifications. The Landlord Improvements include the construction of a building shell, which will include all improvements to the ceiling and above, including sprinkler system, HVAC, lighting, ceiling grid and tile, all in conformance with Tenant's space plan and as outlined in the Outline Plans and Specifications. Landlord shall be solely responsible for the costs of the Landlord Improvements, including, but not limited to, design, architectural fees, permit fees, and the amounts due the “Contractor” (as hereinafter defined). B. Landlord will construct a laboratory build-out retain ▇▇▇▇▇▇▇▇▇, Inc. as lead architect for the Premises Landlord Improvements (the “Project Architect”) for a net (no engineering) fee of two and one-half percent (2.5%) of the cost of the Landlord Improvements and otherwise in accordance with the terms and conditions of a mutually acceptable service contract between Landlord and ▇▇▇▇▇▇▇▇▇, Inc. C. Landlord intends to hire or has hired a joint venture consisting of Paric Corporation ("Paric") and Clayco Construction Company, Inc. ("Clayco") (said joint venture is referred to as "Contractor") as the general contractor to construct the Landlord Improvements") pursuant . D. Subject to plans submitted the next paragraph, the Outline Plans and Specifications are hereby approved by Landlord and Tenant. ▇. ▇▇▇▇▇▇▇▇ and Tenant shall work with the Project Architect, Contractor and Ground Lessor (for code compliance purposes only) to Tenant develop a final set of construction plans consistent with the Outline Plans and reasonably Specifications. Said construction plans once approved by Landlord, Tenant, the Project Architect, Contractor and Ground Lessor are referred to as the "Final LI Plans." The parties acknowledge that Tenant must provide its interior space plan by February 1, 2006 in order for the Tenant to be able to meet the Scheduled Date ("as hereinafter defined). ▇. ▇▇▇▇▇▇▇▇ and Tenant shall cooperate with the Project Architect and the Contractor to obtain the issuance of a building permit from the Ground Lessor as soon as possible. If the Ground Lessor requires any changes to the Final LI Plans"), which Landlord and Tenant, shall work together with the Contractor and the Project Architect to promptly resolve any issues that may arise concerning the changes requested by the Ground Lessor. G. Landlord shall cause the Contractor to make its books and records pertaining to construction of the Landlord Improvements and the Tenant Improvements available for Tenant’s review at any time during normal business hours upon reasonable advance notice at a location in St. Louis or St. ▇▇▇▇▇▇▇ County, Missouri. The terms of any agreement between Landlord and the Contractor shall be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally foregoing, and shall provide for the work to be completed on open book basis. Neither Landlord nor the Contractor shall approve any changes in the Final LI Plans or request any change directive without ▇▇▇▇▇▇’s prior written approval, and neither Landlord nor the Contractor shall execute any change orders or change directives without the prior written consent of ▇▇▇▇▇▇, such consent not to be unreasonably withheld. Tenant shall respond in writing to any requests made by Landlord or Contractor for changes in the Final LI Plans within ten (10) days after ▇▇▇▇▇▇’s receipt of same. If Tenant does not consent to any requested change order, ▇▇▇▇▇▇’s written response shall specify Tenant’s reasons for such non-consent. Notwithstanding the foregoing, Tenant shall have the right, in its discretion, to deny any request for a change order or change directive that (i) in Tenant’s reasonable opinion materially and adversely affects the Premises; or (ii) results in any increased cost payable by ▇▇▇▇▇▇. H. Landlord shall cause the Contractor to (i) proceed diligently to complete the Landlord Improvements, (ii) provide to Landlord and Tenant, prior to the start of construction, a copy of the construction schedule, and (iii) keep Landlord and ▇▇▇▇▇▇ advised of any changes to the construction schedule. I. During construction of the Landlord Improvements, Landlord or the Contractor shall carry builder's risk insurance on the Landlord Improvements. J. Landlord shall cause the Contractor to construct the Landlord Improvements in a good and workmanlike manner, in accordance with all applicable laws and in substantial compliance with the Final LI Plans. K. Once the Final LI Plans are developed, Landlord shall advise Tenant of the estimated cost of constructing the Landlord Improvements pursuant to such Final LI Plans (the “Estimated LI Cost”). From time to time during the course of construction of the Landlord Improvements, Tenant may request changes to the Final LI Plans (each a “Tenant LI Change Order Request”, and collectively the “Tenant LI Change Order Requests”). Any Tenant LI Change Order Request shall be subject to the approval of Landlord, not to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plantunreasonably withheld. Within five (5) business days after receipt of a Tenant LI Change Order Request, Landlord shall notify Tenant in writing whether it is willing to approve the subject Tenant LI Change Order Request and if Landlord is not willing to approve such Request, such notice shall include Landlord’s reasons therefor. If Landlord advises Tenant that it is willing to approve the subject Tenant LI Change Order Request, ▇▇▇▇▇▇▇▇’s notice shall include a memorandum setting forth the impact on cost and schedule resulting from such Tenant LI Change Order Request (each a “Tenant LI Change Order Memorandum”). Tenant shall, within five (5) business days following ▇▇▇▇▇▇’s receipt of a Tenant LI Change Order Memorandum, either (i) execute and return the Tenant LI Change Memorandum, in which case the project budget and construction schedule shall be deemed modified automatically without further action from either party to take account of such Tenant LI Change Order Request; or (ii) retract its Tenant LI Change Order Request. Landlord shall provide Tenant with a statement summarizing all agreed-upon TI Change Order Memoranda and their cumulative effect on the Estimated LI Cost and the project schedule. If, after taking all agreed-upon Tenant LI Change Memoranda into account, the cost to construct the Landlord Improvements will exceed the Estimated LI Cost, the amount of such increase shall be deducted from the amount of the “Allowance” (as defined below). If, after taking all agreed-upon Tenant LI Change Memoranda into account, the cost to construct the Landlord Improvements will be less than the Estimated LI Cost, the amount of such decrease shall be added to the amount of the “Allowance” (as defined below).A Tenant LI Change Order Request shall not become part of the Landlord Improvements unless a written Tenant LI Change Order Memorandum is signed by Landlord, Tenant, Architect and the Contractor approving the change. Once a Tenant LI Change Order Memorandum has been signed by Landlord, Tenant, the Contractor and Project Architect (and Ground Lessor approval of the change has been obtained if required), the Final LI Plans are deemed modified by the signed LI Tenant TI Change Order Memorandum. L. Tenant shall have access to the Premises at reasonable times during construction for the purpose of monitoring the construction work, and Landlord and Tenant shall promptly inform each other in writing if either discovers any defects in or other problems with Contractor's construction work. Tenant shall comply with any rules and procedures adopted by the Contractor regulating Landlord Improvements site visits. M. Not less than five (5) business days prior to the anticipated Substantial Completion of the Landlord Improvements (as defined in Section 4.B), Landlord, Tenant, Contractor and Project Architect shall participate in a joint inspection of the Landlord Improvements and identify those items, if any, that are incomplete or do not conform to the Final LI Plans. At such inspection, Landlord, Tenant, Contractor and Project Architect shall also develop a schedule of “Punchlist Items”, which shall be those incomplete or nonconforming items the non-completion or non-correction of which will not cause the Landlord Improvements from being Substantially Complete (as defined in Section 4.B). N. Possession of the Premises shall be delivered to Tenant on the Commencement Date (see Basic Lease Data Section of this Lease for the manner in which the Commencement Date is determined), notwithstanding that there may be Punchlist Items to be completed. O. Landlord shall cause the Contractor to complete any Punchlist Items within 45 days after the Effective DatePunchlist Items schedule is approved in writing by Landlord and Tenant, except that Punchlist Items that cannot be completed until the weather is appropriate (such as landscaping) shall be completed within a reasonable period of time after the weather becomes suitable for completion of such items. If requested by Landlord, Tenant shall provide participate in any inspections made by Landlord to verify that Punchlist Items have been completed and shall acknowledge in writing that such Punchlist Items have been completed. P. Landlord for Landlord's review and approval the following: hereby agrees to (i) warrant all work performed with respect to the Landlord Improvements for a proposed detailed list period of equipment twenty-four (24) months from the Substantial Completion of the Landlord Improvements (the “Warranty Period”) and to correct all defects in such work (at Landlord’s sole cost and expense) of which Landlord receives written notice from Tenant during the Warranty Period; and (ii) to correct all defects and perform all repairs to the portion of the Landlord Improvements during the Warranty Period, at ▇▇▇▇▇▇▇▇’s sole cost and expense. Landlord shall assign to Tenant all warranties (extended or otherwise) that apply to any systems servicing the Landlord Improvements which Tenant is responsible for maintaining under the terms of the Lease, or if such warranties are non-assignable, Landlord shall enforce said warranties on Tenant’s behalf. Landlord’s warranty obligations shall not apply to defects or damages to any items subject to such warranties arising from or caused by Tenant’s neglect or misuse or arising from or caused by Tenant’s failure to comply with its obligations under this Lease. Q. Landlord agrees to build and fund an entire arterial road from University Blvd. to ▇▇▇▇▇▇ Road (the "Road Improvements"), at no cost to Tenant in accordance with this Section 2.Q. Landlord guarantees that (i) Phase I of the Road Improvements from University Blvd. to the MetroLink tracks with a connection to Lauderdale Road will be completed by March 1, 2007; and (ii) Phase II of the Road Improvements from the MetroLink tracks to ▇▇▇▇▇▇ Road will be completed by December 31, 2007 subject to right-of-way acquisition delays; provided, however, Landlord agrees to use diligent and good faith efforts to avoid such delays. Said deadlines shall be subject to delays caused by Force Majeure Events. Landlord’s inability to obtain public funding or reimbursement for all or a portion of the cost of the Road Improvements shall not constitute a Force Majeure Event. Landlord agrees that if a retaining wall is required along the south boundary of the right-of-way for the PremisesRoad Improvements east of the MetroLink tracks, then the plans and specifications for any such wall shall be subject to the prior written approval of Tenant. Tenant acknowledges that (i) the Road Improvements are being constructed by Landlord in cooperation with the make, model, Ground Lessor and specificationsSt. Louis County, and (ii) provided Tenant’s rights and obligations under this Lease are not materially and adversely affected, this Lease may need to be modified to accommodate the funding structure for the Road Improvements, as more particularly provided in Section 50 hereof. ▇. ▇▇▇▇▇▇▇▇ shall seek to configure the right-of-way for the Road Improvements to allow for the placement of a detailed chemical inventorymonument sign at the intersection of University Blvd. and University Place. To the extent permitted under the Protective Covenants and applicable regulations, Tenant shall have the right, at Tenant’s expense, to erect a monument sign at such location. For so long as Tenant occupies more than fifty percent (50%) of the office space on the Property, Tenant shall have the sole right to use such sign. If, and when, Tenant occupies less than fifty percent (50%) of the office space on the Property, Landlord shall have the right to offer space on the monument sign to tenants at the Property occupying in excess of 50,000 square feet of space. In such event, available space on the monument sign shall be assigned to tenants on the Property on a proportionate basis allocated to the space occupied by such tenants (and the cost of maintaining and repairing such sign shall be allocated among Tenant and such other tenants on the same proportionate basis). S. As part of the Landlord Improvements, the Building will be outfitted with a standard, computerized proximity card reader system at all codes exterior doors, which will be provided at Landlord’s expense. The Tenant will have full access to the system to control ingress and classificationsegress to various portions of the Building. Tenant shall provide to Landlord be responsible for providing such other information security staffing as Landlord it may reasonably request for construction of the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancesdesire.

Appears in 1 contract

Sources: Office Lease (Express Scripts Inc)

Landlord Improvements. Landlord will construct a laboratory build-out Improvements” shall mean and consist of those Building and Project improvements described in Section 1.2 of the Lease and on Schedule C-1 to this Tenant Work Letter which shall be completed by Landlord at Landlord’s sole cost and expense pursuant to Landlord’s plans and specifications relating to the same. The preliminary plans and specifications for any aesthetic modifications and improvements to the landscaping and hardscaping of the Building included in the Landlord Improvements (i.e. the koi pond addition and landscaping improvements) shall be prepared by ▇▇▇▇▇▇▇▇’s consultants. Landlord hereby agrees to use its commercially reasonable and diligent efforts to complete the koi pond, make repairs to the sidewalks leading to the Premises, replace landscaping in front of the Building, and complete parking lot slurry coating components of the Landlord Improvements as soon as is reasonably practicable after the mutual execution and delivery of the Lease by Landlord and Tenant, and in any event not later than the Substantial Completion of the Tenant Improvements in the Premises ("Landlord Improvements"or within thirty (30) pursuant days after Substantial Completion of the Tenant Improvements in the Premises with respect to plans submitted by Landlord repairs to Tenant and reasonably approved by Tenant installation of the koi pond ("Plans"), which except that the excavation for the same shall be consistent with completed on or before the floor plan attached hereto date of Substantial Completion of the Tenant Improvements in the Premises) and/or any repairs to sidewalks leading to the Premises and replacement of landscaping in front of the Building, only). Additionally, as Exhibit "C." The Plans generally shall provide for part of the Landlord Improvements to be constructed in order completed prior to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Commencement Date, Tenant Landlord shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for replaced any water-damaged drywall in the Premises, with and identify and eliminate the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction source of water penetration of the Building which caused such damage. All other Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant set forth on Schedule C-1 will be completed by Landlord pursuant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any Landlord’s reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancesconstruction schedule.

Appears in 1 contract

Sources: Lease (GenMark Diagnostics, Inc.)

Landlord Improvements. Except as specifically set forth herein, Landlord will shall not be obligated to construct a laboratory build-out for the Premises ("Landlord Improvements") pursuant to plans submitted by Landlord to Tenant and reasonably approved by Tenant ("Plans"), which shall be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally shall provide for the Landlord Improvements to be constructed or install any improvements or facilities of any kind in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five accept the Premises in its currently-existing, "as-is" condition. Notwithstanding the foregoing, Landlord hereby agrees, at Landlord's sole cost and expense, to (5i) day period re-carpet the interior floors of the entire Premises, (ii) clean the VCT tile in the lab area of the Premises, and (iii) apply touch-up paint to review the revised Plans painted surfaces of the interior walls of the Premises to reasonably determine the extent necessary in Landlord’s reasonable discretion (collectively, the "Tenant Improvements"). All such Tenant Improvements shall be completed to Landlord's "Building standard" condition, using Building standard methods, materials and procedures, in "Building standard" color or colors (if such objections were satisfied; provided, however, applicable) to be designated by Landlord. Tenant shall make no new objections changes or modifications to the PlansTenant Improvements without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. If there are any reasonable objections not addressed by revised Plans, the review procedure The Premises shall be repeated until all deemed "Ready for Occupancy" upon the substantial completion of construction of the Tenant Improvements with the exception of any punch list items and any tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where event that the acts or omissions of Tenant is deemed to have approved or its agents or employees shall delay the Plans on account of Tenant's failure to timely respond following the delivery substantial completion of the PlansTenant Improvements, such approval then the Lease Commencement Date shall be deemed to be the date the substantial completion of the Tenant Improvements would have been given occurred but for such acts or omissions of Tenant or its agents or employees. Provided that Tenant and its agents do not interfere with Landlord’s work in accordance with the Building and the Premises, Landlord shall allow Tenant access to the Premises prior to Lease Commencement Date for the purpose of Tenant installing equipment or fixtures (including Tenant's data and telephone equipment) in the Premises. Prior to Tenant's entry into the Premises as permitted by this agreement, Tenant shall submit a schedule to Landlord, for its approval, which schedule shall detail the timing and purpose of Tenant's entry and Tenant shall deliver to Landlord the policies or certificates evidencing Tenant's insurance as required under the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancesthis Lease.

Appears in 1 contract

Sources: Lease (Brooklyn ImmunoTherapeutics, Inc.)

Landlord Improvements. Landlord will construct a laboratory build-out for the Premises Landlord, at Landlord’s sole cost and expense, using Building standard materials, finishes and specifications, shall: ("Landlord Improvements"i) pursuant to plans submitted by Landlord to Tenant and reasonably approved by Tenant ("Plans"), which shall be consistent concurrently with the floor plan attached hereto construction of the Tenant Improvements (as Exhibit "C." The Plans generally shall provide for defined in the Landlord Work Letter) to be constructed in the Current Premises install one (1) additional urinal in the Current Premises per mutually agreed upon plans; and (ii) concurrently with the construction of the Tenant Improvements to be constructed in order the Expansion Space install a full height demising wall to accommodate generally accepted generic biotechnical laboratory usesdemise the Expansion Space, except as Landlord may otherwise agree. Unless otherwise determined by Landlordand segregate electrical, plumbing and mechanical systems for the Expansion Space, from the contiguous space to the Expansion Space (collectively, the Tenant “Landlord Improvements”). The Landlord Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the make, model, and specifications, and (ii) a detailed chemical inventory, with all codes and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given constructed in accordance with the terms of and conditions set forth in the CertificateWork Letter. Except as provided in the immediately preceding sentence and Section 8 above, Tenant shall accept the Premises in its “AS-IS” condition. Landlord may complete certain Landlord Improvements in the Current Premises, while Tenant is in occupancy thereof and paying Rent under the Amended Lease, and Tenant acknowledges that some minor interruptions and/or interference with Tenant’s business may occur during the course of Landlord’s completion of the Landlord may reasonably change Improvements in the Plans Current Premises, but agrees that no minor interruptions or inconveniences to Tenant or its business suffered as required by Applicable Law or unforeseen circumstancesa result of Landlord’s completion of the Landlord Improvements in the Current Premises shall excuse Tenant from paying any Rent that it is scheduled to pay pursuant to the Amended Lease, and shall not constitute a constructive eviction under the Amended Lease. Tenant agrees to cooperate with Landlord to make the Current Premises available to Landlord and its agents for the performance of Landlord Improvements. Tenant shall be responsible for, at Tenant’s sole cost and expense, to relocate Tenant’s personal property, including any furniture and equipment in the Current Premises prior to and during the period Landlord is completing the Landlord Improvements for the Current Premises.

Appears in 1 contract

Sources: Multi Tenant Office Lease (Alteryx, Inc.)

Landlord Improvements. Landlord will construct The parties recognize and acknowledge that the Leased Premises are currently a laboratory build-out for the Premises ("Landlord Improvements") pursuant to plans submitted by Landlord to Tenant former restaurant facility and reasonably approved by Tenant ("Plans"), which shall be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally shall provide for the Landlord Improvements need to be constructed in order to accommodate generally accepted generic biotechnical laboratory usesremodeled, except as including the interior and exterior of the Leased Premises. Landlord may otherwise agree. Unless otherwise determined by Landlord, shall retain the Tenant Improvements shall include the construction services of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for ▇▇▇ Architects/Interior Designers, P.C. (the Premises, with the make, model, and specifications“Architect”), and (ii) a detailed chemical inventorygeneral contractor reasonably acceptable to Landlord, with all codes which general contractor may not be the lowest bidder, for the purpose of preparing the Leased Premises for Tenant’s occupancy pursuant to plans and classifications. Tenant shall provide to Landlord such other information as Landlord may reasonably request for construction of specifications prepared by the Landlord Improvements within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period Architect, which plans and specifications shall be conclusively deemed Tenant's reasonably acceptable to Tenant (the “Work”). Upon approval of the Plans. plans and specifications, Landlord shall have its architect revise construct the Plans Work as soon as is reasonably practicable. The “Commencement Date” shall be the earlier of the date that (i) a temporary certificate of occupancy (the “TCO”) is issued for the Leased Premises, or (ii) a certificate of occupancy (the “CO”) is issued for the Leased Premises and the parties shall execute a written document in form and substance reasonably satisfactory to remedy any reasonable objections of Tenant, Landlord and Tenant shall have an additional five (5) day period to review acknowledging the revised Plans to reasonably determine if such objections were satisfieddate of the Commencement Date; provided, however, Tenant that the Commencement Date shall make no new objections be earlier in the event that the TCO is issued at a later date due to changes to the PlansWork requested by Tenant, with such date being determined by the Architect. If there are any reasonable objections not addressed by revised Plans, the review procedure Landlord shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted provide to Tenant hereunder, Landlord at its sole election may terminate this Leaseperiodic reports setting forth the progress of the remodeling and the anticipated date that the Leased Premises will have a TCO or CO. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the After delivery of the PlansLeased Premises to Tenant, Landlord shall have the right to enter the Leased Premises during normal business hours to finish “punch list” items and such approval work shall not be deemed to have been given in accordance with the terms be a breach of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancescovenant of quiet enjoyment.

Appears in 1 contract

Sources: Lease Agreement (Cobiz Inc)

Landlord Improvements. Landlord will construct shall with reasonable diligence through a laboratory build-out for contractor, and/or subcontractors, designated by Landlord perform the Work List (as defined below) items in the Premises as provided for in this Construction Rider — Landlord Improvements ("Landlord Improvements") ”). Upon request by Landlord, Tenant shall designate in writing an individual authorized to act as Tenant’s Representative with respect to all approvals, directions and authorizations pursuant to plans submitted by this Construction Rider — Landlord Improvements. Landlord shall have no obligation to Tenant and reasonably approved perform any work to prepare the Premises for use or occupancy by Tenant except as expressly provided herein. Landlord, at its sole cost and expense ("Plans"), which subject to the terms and provisions of Section 1.1 below) shall be consistent perform improvements to the Premises in accordance with the floor plan attached hereto following work list (the “Work List”) using Building standard methods, materials and finishes and as Exhibit "C." The Plans generally shall provide for the Landlord Improvements to be constructed in order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise reasonably determined by Landlord, . (a) Paint the Tenant Improvements shall include currently painted interior walls of the construction of an energy efficient electronically controlled central HV/AC plant. Within five Premises with Building standard paint; and, (5b) days after Replace the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for existing carpeting located within the Premises. 1.1. All other work and upgrades, with the makesubject to Landlord’s approval, modelshall be at Tenant’s sole cost and expense, and specificationsplus any applicable state sales or use tax thereon, and (ii) a detailed chemical inventory, with all codes and classificationspayable upon demand as Additional Rent. Tenant shall provide to Landlord such other information as Landlord may reasonably request be responsible for construction any Tenant Delay (defined below) in completion of the Landlord Improvements within five (5) days after written request thereforresulting from any such other work and upgrades requested or performed by Tenant. 1.2. Landlord’s supervision or performance of any work for or on behalf of Tenant shall provide written notice of its disapproval of the Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be conclusively deemed Tenant's approval of the Plans. Landlord shall have its architect revise the Plans to remedy any reasonable objections of Tenant, and Tenant shall have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Plans, such approval shall be deemed to have been given in accordance be a representation by Landlord that such work complies with applicable insurance requirements or that the terms of the Certificate. Tenant acknowledges that Landlord may reasonably change the Plans as required by Applicable Law or unforeseen circumstancesimprovements constructed will be adequate for Tenant’s use.

Appears in 1 contract

Sources: Lease Agreement (Ditech Networks Inc)