Landlord Improvements. 38.1. Landlord will deliver the following improvements on or before the Occupancy Date: (A) parking lot will be micro-surfaced, and restriped; no reserved or visitor’s spots will be provided. (B) main entrance and east entrance (iCIMS Entrance) to the Building will be updated, i.e., canopy(s) refurbished, rewired, relit and restored and doors will be re-done with new fixtures; (C) complete replacement of elevator mechanicals, i.e., elevator cabs to be totally gutted and refurbished with new controls, paneling, ceiling, flooring and lighting. Scope to be similar to those newly refurbished tower elevators and those newly refurbished glass elevators located on the west side of the Building. Landlord will solicit from Tenant design input on the elevator servicing “building 3” i.e. the “iCIMS Tower.” (D) use of the atrium event space, as shown on Exhibit “M” (“Atrium Event Space”) space up to 5 days per calendar year at no cost (rental fee); however, Tenant will be responsible for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc. Landlord has no set plans for installation of an AV system in the Atrium Event Space. If Landlord does install an AV system in the Atrium Event Space, Tenant, when using the Atrium Event Space, will be entitled to use the AV system free of charge. (E) subject to Laws, including National Park Service approval, provide a first floor executive patio (currently anticipated to be 16’w x 48’1) adjacent to executive offices with an entrance (the location of which will be approved by Tenant) which will include pavers, seating and landscaping to match existing building landscape. See Exhibit “I” for executive patio size and location; (F) subject to Laws, including National Park Service approval, supplemental landscaping to include foliage cover for mechanical equipment visible from the first floor executive patio (applicable); (G) Landlord to provide Tenant with secured space on floors 1-5 using a structure, e.g., turnstile or half glass door. The final structure design will be at Landlord’s discretion. Tenant will provide, at its sole expense, the card access security system for the structure; (H) during the Term, if Tenant is then in actual physical possession of the Premises, Tenant will be provided with the exclusive use of the flagpole located outside of the east wing of the Building for the sole purpose of displaying the “iCIMS” flag; (I) provide a common roof top patio, which as of the Effective Date is anticipated to be located in the area shown on Exhibit “P”; and (J) Landlord will cause the entry roads and ring road to be crack filled and micro surfaced in accordance with that certain report titled, “Lucent-Alcatel Building Redevelopment—Phase 1” dated March 1, 2016 on or before October 31, 2018. 38.2. If the improvements set forth in set forth in Section 38.1 of this Lease are not operational and substantially completed (except for those improvements set forth in Section 38.1(E) and Section 38.1(F) which require the prior approval of governmental bodies, agencies, and/or departments having jurisdiction over the Project) on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.2 for more than 120 days. If any of the aforementioned improvements have not been completed or any of the aforementioned services are not available 120 days after their respective completion/offering date, commencing on the 121st day Tenant, will resume paying 100% of the Fixed Rent due and payable under this Lease but the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.2 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent. 38.3. Landlord will deliver the following improvements and provide the following services on or before the Occupancy Date: (A) the auditorium, as shown on Exhibit “K” (“Auditorium”) will have new or refurbished seating and accommodate at least 300 people at no cost (rental fee) up to 36 times per calendar year; however, Tenant will be responsible for any reasonable and customary costs, e.g., staff, janitorial, audio visual, etc. (not to exceed $1,200 for a half day and not to exceed $2,300 for a full day); The Auditorium will have the following AV capabilities: (i) ceiling speakers throughout the space to allow for full overall coverage throughout, (ii) wireless microphone (handheld, Lavalier, or head worn), and (iii) connection points for wired microphones. An HD projection system will be installed in the Auditorium. From a lectern located on the stage area, a laptop will be capable of being plugged in via HDMI or VGA with audio and the laptop display will be displayed on the projection system. A wired microphone will be mounted on the lectern for speech intelligibility within the Auditorium. All audio will be audible from the speakers mounted on the columns in the Auditorium. Volume and on/off functions will be done from a touch panel located in the lectern; (B) a banquet area, as shown on Exhibit “L” (“Banquet Area”) for reception 15 days per calendar year at no charge (rental fee); however, Tenant will be responsible for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc., not to exceed $300 per day. The Banquet Area will have the following audio capabilities: (i) ceiling speakers throughout the Banquet Area to permit audible coverage throughout the Banquet Area, (ii) wireless microphone (handheld, Lavalier, or head worn), and (iii) connection points for wired microphones; (C) a minimum of 2 eateries will be open to the public, 1 of which will be an estimated 3,000 square foot sit-down restaurant with table service, the other will be a fast casual type of eatery with counter service with the capacity to serve lunch for 800 people on a daily basis; (D) a fitness center will be complete and operational or the existing gym will be fully upgraded and refurbished with lockers, showers for men and women and have an attendant during operating hours; and (E) a licensed day care center will be open to care for the needs of Tenant and which will be similar in fit and finish to a “Bright Horizons” day care center in the Monmouth County, New Jersey area, a “Kiddie Academy” or such other national day care center franchise or chain; 38.4. If any of the improvements or services set forth in Section 38.3 of this Lease are not operational and substantially completed or are not offered on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure (an “Improvement Delay”), provided that no Default exists, Tenant, as its sole and exclusive remedy, will either elect (which election must be made within 10 days of the Occupancy Date in a written notice from Tenant to Landlord) to either (i) to be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.4 for more than 120 days except for an Improvement Delay with respect to the Auditorium or Banquet Facility, in which event the Fixed Rent credit will be extended from 120 days to 180 days. Commencing on the day following the expiration of the applicable Fixed Rent credit, Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $0.50 per RSF (such Fixed Rent reduction will continue until the applicable Improvement Delays are cured) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00 or (ii) cure the Improvement Delay by undertaking any and all required construction and/or repairs and deduct the actual and reasonable costs thereof from any payment, including Rent, due to Landlord under this Lease. During any period(s) that the rent credit set forth in this Section 38.4 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent. 38.5. A hotel in the Building will be open for business within 3 years from Occupancy Date. If the hotel is not operational or substantially completed within 3 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the hotel is operational or substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.5 for more than 180 days. If the hotel is not operational or substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the hotel opens for business) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00, During any period(s) that the rent credit set forth in this Section 38.5 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent. 38.6. The underground parking garage located under the Building will be operational or substantially completed within 2 years from the Occupancy Date. If the underground parking garage is not operational or substantially completed within 2 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the underground parking garage is operational or has been substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.6 for more than 180 days. If the underground parking garage is not operational or has been substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the underground parking garage is operational or has been substantially completed) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.6 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent. 38.7. Landlord, in good faith, will solicit from Tenant input regarding proposed retail tenants for occupancy of the retail space adjacent to Tenant’s entrance lobby. 38.8. Landlord will utilize commercially reasonable efforts to obtain from the operators of the gym, day care center, and hotel, a discount of not less than 10% for Tenant’s employees. 38.9. With regard to the improvements set forth in Section 38.1 (E) and Section 38.1 (F) of this Lease, Landlord will use commercially reasonable and diligent efforts in seeking the approval for such improvements from the pertinent governmental bodies, agencies, and/or departments having jurisdiction over the Project.
Appears in 2 contracts
Sources: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Landlord Improvements. 38.1. The following is a list of Improvements that Landlord will deliver the following improvements on or before the Occupancy Date:
(A) parking lot will be micro-surfaced, and restriped; no reserved or visitor’s spots will be provided.
(B) main entrance and east entrance (iCIMS Entrance) to the Building will be updated, i.e., canopy(s) refurbished, rewired, relit and restored and doors will be re-done with new fixtures;
(C) complete replacement of elevator mechanicals, i.e., elevator cabs to be totally gutted and refurbished with new controls, paneling, ceiling, flooring and lighting. Scope to be similar to those newly refurbished tower elevators and those newly refurbished glass elevators located on the west side of the Building. Landlord will solicit from Tenant design input on the elevator servicing “building 3” i.e. the “iCIMS Tower.”
(D) use of the atrium event space, as shown on Exhibit “M” (“Atrium Event Space”) space up to 5 days per calendar year shall provide at no cost (rental fee); howeverto Tenant. Other than items listed below, Tenant will be responsible for any reasonable is taking subject space in “as is” condition, upon completion of Landlord Improvements as follows, and customary costs, e.g., staff janitorial, audio visual, etc. consistent with Exhibit B of the Lease Agreement:
A) Landlord has no set plans for installation shall provide Tenant with +/- 3,689 rentable square feet of an AV system medical office space in the Atrium Event Space. If Landlord does install an AV system in the Atrium Event Space, Tenant, when using the Atrium Event Space, will be entitled to use the AV system free of chargegood working order.
(EB) subject Install exterior lighting on the Northeast and East side of building if needed to Laws, including National Park Service approval, adequately light parking lot.
C) The roof shall be serviced and inspected and any stained ceiling tiles shall be replaced.
D) Landlord shall provide a first floor executive patio turn-key space at no cost to Tenant. Tenant and Landlord’s Contractor shall walk Suites ABC and shall itemize the scope of work and develop a detailed Contractor Proposal for Landlord and Tenant review and approval and such approval shall not be unreasonably withheld. The final Contractor Proposal shall be attached to the Lease Agreement as part of Exhibit “B” Landlord Improvements and shall include all work that Landlord is to complete at no cost to Tenant. The Contractor Proposal shall include but not be limited to the removal of several interior walls and re-grid the ceiling and retile the flooring in such area, repaint interior walls where required (currently anticipated Landlord and Tenant to approve paint color), replace toilets and sink faucets where required, replace window coverings, relocate IT Board outside of mop- sink closet (Landlord & Tenant to approve new location), deliver power to the exterior walls to power exterior signage if required, modify a portion of the check-in and check-out counters to be 16’w x 48’1) adjacent to executive offices with an entrance (the location of which will be approved by Tenant) which will include pavers, seating and landscaping to match existing building landscapeHandicap Accessible. See Exhibit “IB” for executive patio size and location;
(F) subject to Laws, including National Park Service approval, supplemental landscaping to include foliage cover for mechanical equipment visible from the first floor executive patio (applicable);
(G) Landlord to provide Tenant with secured space on floors 1-5 using a structure, e.g., turnstile or half glass door. The final structure design will be at Landlord’s discretion. Tenant will provide, at its sole expense, the card access security system for the structure;
(H) during the Term, if Tenant is then in actual physical possession Improvements of the Premises, Tenant will be provided with the exclusive use of the flagpole located outside of the east wing of the Building for the sole purpose of displaying the “iCIMS” flag;
(I) provide a common roof top patio, which as of the Effective Date is anticipated to be located in the area shown on Exhibit “P”; and
(J) Landlord will cause the entry roads and ring road to be crack filled and micro surfaced in accordance with that certain report titled, “Lucent-Alcatel Building Redevelopment—Phase 1” dated March 1, 2016 on or before October 31, 2018.
38.2. If the improvements set forth in set forth in Section 38.1 of this Lease are not operational and substantially completed (except for those improvements set forth in Section 38.1(E) and Section 38.1(F) which require the prior approval of governmental bodies, agencies, and/or departments having jurisdiction over the Project) on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.2 Agreement for more than 120 days. If any of the aforementioned improvements have not been completed or any of the aforementioned services are not available 120 days after their respective completion/offering date, commencing on the 121st day Tenant, will resume paying 100% of the Fixed Rent due and payable under this Lease but the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.2 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rentdetails.
38.3. Landlord will deliver the following improvements and provide the following services on or before the Occupancy Date:
(A) the auditorium, as shown on Exhibit “K” (“Auditorium”) will have new or refurbished seating and accommodate at least 300 people at no cost (rental fee) up to 36 times per calendar year; however, Tenant will be responsible for any reasonable and customary costs, e.g., staff, janitorial, audio visual, etc. (not to exceed $1,200 for a half day and not to exceed $2,300 for a full day); The Auditorium will have the following AV capabilities: (i) ceiling speakers throughout the space to allow for full overall coverage throughout, (ii) wireless microphone (handheld, Lavalier, or head worn), and (iii) connection points for wired microphones. An HD projection system will be installed in the Auditorium. From a lectern located on the stage area, a laptop will be capable of being plugged in via HDMI or VGA with audio and the laptop display will be displayed on the projection system. A wired microphone will be mounted on the lectern for speech intelligibility within the Auditorium. All audio will be audible from the speakers mounted on the columns in the Auditorium. Volume and on/off functions will be done from a touch panel located in the lectern;
(B) a banquet area, as shown on Exhibit “L” (“Banquet Area”) for reception 15 days per calendar year at no charge (rental fee); however, Tenant will be responsible for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc., not to exceed $300 per day. The Banquet Area will have the following audio capabilities: (i) ceiling speakers throughout the Banquet Area to permit audible coverage throughout the Banquet Area, (ii) wireless microphone (handheld, Lavalier, or head worn), and (iii) connection points for wired microphones;
(C) a minimum of 2 eateries will be open to the public, 1 of which will be an estimated 3,000 square foot sit-down restaurant with table service, the other will be a fast casual type of eatery with counter service with the capacity to serve lunch for 800 people on a daily basis;
(D) a fitness center will be complete and operational or the existing gym will be fully upgraded and refurbished with lockers, showers for men and women and have an attendant during operating hours; and
(E) a licensed day care center will be open to care for the needs of Tenant and which will be similar in fit and finish to a “Bright Horizons” day care center in the Monmouth County, New Jersey area, a “Kiddie Academy” or such other national day care center franchise or chain;
38.4. If any of the improvements or services set forth in Section 38.3 of this Lease are not operational and substantially completed or are not offered on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure (an “Improvement Delay”), provided that no Default exists, Tenant, as its sole and exclusive remedy, will either elect (which election must be made within 10 days of the Occupancy Date in a written notice from Tenant to Landlord) to either (i) to be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.4 for more than 120 days except for an Improvement Delay with respect to the Auditorium or Banquet Facility, in which event the Fixed Rent credit will be extended from 120 days to 180 days. Commencing on the day following the expiration of the applicable Fixed Rent credit, Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $0.50 per RSF (such Fixed Rent reduction will continue until the applicable Improvement Delays are cured) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00 or (ii) cure the Improvement Delay by undertaking any and all required construction and/or repairs and deduct the actual and reasonable costs thereof from any payment, including Rent, due to Landlord under this Lease. During any period(s) that the rent credit set forth in this Section 38.4 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.5. A hotel in the Building will be open for business within 3 years from Occupancy Date. If the hotel is not operational or substantially completed within 3 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the hotel is operational or substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.5 for more than 180 days. If the hotel is not operational or substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the hotel opens for business) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00, During any period(s) that the rent credit set forth in this Section 38.5 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.6. The underground parking garage located under the Building will be operational or substantially completed within 2 years from the Occupancy Date. If the underground parking garage is not operational or substantially completed within 2 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the underground parking garage is operational or has been substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.6 for more than 180 days. If the underground parking garage is not operational or has been substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the underground parking garage is operational or has been substantially completed) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.6 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.7. Landlord, in good faith, will solicit from Tenant input regarding proposed retail tenants for occupancy of the retail space adjacent to Tenant’s entrance lobby.
38.8. Landlord will utilize commercially reasonable efforts to obtain from the operators of the gym, day care center, and hotel, a discount of not less than 10% for Tenant’s employees.
38.9. With regard to the improvements set forth in Section 38.1 (E) and Section 38.1 (F) of this Lease, Landlord will use commercially reasonable and diligent efforts in seeking the approval for such improvements from the pertinent governmental bodies, agencies, and/or departments having jurisdiction over the Project.
Appears in 1 contract
Sources: Medical Office Lease
Landlord Improvements. 38.1. A. Subject to the terms and provisions of this Section 35, Landlord will deliver shall construct or cause to be constructed the following base building improvements on or before the Occupancy Date:
(A) parking lot will be micro-surfaced, and restriped; no reserved or visitor’s spots will be provided.
(B) main entrance and east entrance (iCIMS Entrance) to the Building will be updated, i.e., canopy(s) refurbished, rewired, relit and restored and doors will be re-done with new fixtures;
(C) complete replacement of elevator mechanicals, i.e., elevator cabs to be totally gutted and refurbished with new controls, paneling, ceiling, flooring and lighting. Scope to be similar to those newly refurbished tower elevators and those newly refurbished glass elevators located on the west side of the Building. Landlord will solicit from Tenant design input on the elevator servicing “building 3” i.e. the “iCIMS Tower.”
(D) use of the atrium event space, as shown on Exhibit “M” (“Atrium Event Space”) space up to 5 days per calendar year at no cost (rental fee); however, Tenant will be responsible for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc. Landlord has no set plans for installation of an AV system in the Atrium Event Space. If Landlord does install an AV system in the Atrium Event Space, Tenant, when using the Atrium Event Space, will be entitled to use the AV system free of charge.
(E) subject to Laws, including National Park Service approval, provide a first floor executive patio (currently anticipated to be 16’w x 48’1) adjacent to executive offices with an entrance (the location of which will be approved by Tenant) which will include pavers, seating and landscaping to match existing building landscape. See Exhibit “I” for executive patio size and location;
(F) subject to Laws, including National Park Service approval, supplemental landscaping to include foliage cover for mechanical equipment visible from the first floor executive patio (applicable);
(G) Landlord to provide Tenant with secured space on floors 1-5 using a structure, e.g., turnstile or half glass door. The final structure design will be at Landlord’s discretion. Tenant will provide, at its sole expense, the card access security system for the structure;
(H) during the Term, if Tenant is then in actual physical possession of the Premises, Tenant will be provided with the exclusive use of the flagpole located outside of the east wing of the Building for the sole purpose of displaying the “iCIMS” flag;
(I) provide a common roof top patio, which as of the Effective Date is anticipated to be located in the area shown on Exhibit “P”; and
(J) Landlord will cause the entry roads and ring road to be crack filled and micro surfaced in accordance with that certain report titled, “Lucent-Alcatel Building Redevelopment—Phase 1” dated March 1, 2016 on or before October 31, 2018.
38.2. If the improvements set forth in set forth in Section 38.1 of this Lease are not operational and substantially completed (except for those improvements set forth in Section 38.1(E) and Section 38.1(F) which require the prior approval of governmental bodies, agencies, and/or departments having jurisdiction over the Project) on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.2 for more than 120 days. If any of the aforementioned improvements have not been completed or any of the aforementioned services are not available 120 days after their respective completion/offering date, commencing on the 121st day Tenant, will resume paying 100% of the Fixed Rent due and payable under this Lease but the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.2 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.3. Landlord will deliver the following improvements and provide the following services on or before the Occupancy Date:
(A) the auditorium, as shown on Exhibit “K” (“Auditorium”) will have new or refurbished seating and accommodate at least 300 people at no cost (rental fee) up to 36 times per calendar year; however, Tenant will be responsible for any reasonable and customary costs, e.g., staff, janitorial, audio visual, etc. (not to exceed $1,200 for a half day and not to exceed $2,300 for a full day); The Auditorium will have the following AV capabilitiesPremises: (i) ceiling speakers throughout construction of a Building-standard common corridor on the space thirty-third (33rd) floor of the Building separating and demising that portion of the Premises comprising the 33rd Floor Space (and the finishes for such common corridor shall be substantially similar to allow the finishes for full overall coverage throughout, the existing common corridor located on the twenty-second (22nd) floor of the Building); (ii) wireless microphone renovation of the common area restrooms located on the thirty-third (handheld, Lavalier, or head worn33rd) floor of the Building (and the finishes for such restroom work shall be substantially similar to the finishes for the existing common area restrooms located on the twenty-second (22nd) floor of the Building) (the “33rd Floor Restroom Work”), and ; (iii) connection points for wired microphones. An HD projection system will be installed in provision of electrical service and meter housing to each of the Auditorium. From a lectern thirty-third (33rd) and thirty-fourth (34th) floors of the Building; (iv) cleaning, repair, and replacement, if necessary, of the existing window blinds located on the stage area, a laptop will be capable of being plugged in via HDMI or VGA with audio and the laptop display will be displayed on the projection system. A wired microphone will be mounted on the lectern for speech intelligibility within the Auditorium. All audio will be audible from the speakers mounted on the columns Premises; (v) installation of Building-standard doors for stairwells, restrooms, and electrical, mechanical, janitor, and telephone rooms; (vi) provision of a main medium pressure loop for air distribution; (vii) repair of any existing V.A.V. boxes that are not in the Auditorium. Volume working order; and on/off functions will be done from a touch panel located in the lectern;
(Bviii) a banquet areaprovision of existing sprinkler system with sprinkler heads installed and operational (provided, as shown on Exhibit “L” (“Banquet Area”) for reception 15 days per calendar year at Landlord shall have no charge (rental fee); however, Tenant will be responsible responsibility for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc., not to exceed $300 per day. The Banquet Area will have the following audio capabilities: relocation or modification of any such sprinkler heads) (i) ceiling speakers throughout the Banquet Area to permit audible coverage throughout the Banquet Area, (ii) wireless microphone (handheld, Lavalier, or head worn), and (iii) connection points for wired microphones;
(C) a minimum of 2 eateries will be open to the public, 1 of which will be an estimated 3,000 square foot sit-down restaurant with table servicecollectively, the other will be a fast casual type of eatery with counter service with the capacity to serve lunch for 800 people on a daily basis;
(D) a fitness center will be complete and operational or the existing gym will be fully upgraded and refurbished with lockers, showers for men and women and have an attendant during operating hours; and
(E) a licensed day care center will be open to care for the needs of Tenant and which will be similar in fit and finish to a “Bright Horizons” day care center in the Monmouth County, New Jersey area, a “Kiddie Academy” or such other national day care center franchise or chain;
38.4. If any of the improvements or services set forth in Section 38.3 of this Lease are not operational and substantially completed or are not offered on or before the Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure (an “Improvement DelayLandlord Improvements”), provided that no Default exists, Tenant, as its sole and exclusive remedy, will either elect (which election must be made within 10 days of the Occupancy Date in a written notice from Tenant to Landlord) to either (i) to be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the such improvements or services are available or have been substantially completed, as applicable; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.4 for more than 120 days except for an Improvement Delay with respect to the Auditorium or Banquet Facility, in which event the Fixed Rent credit will be extended from 120 days to 180 days. Commencing on the day following the expiration of the applicable Fixed Rent credit, Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $0.50 per RSF (such Fixed Rent reduction will continue until the applicable Improvement Delays are cured) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00 or (ii) cure the Improvement Delay by undertaking any and all required construction and/or repairs and deduct the actual and reasonable costs thereof from any payment, including Rent, due to Landlord under this Lease. During any period(s) that the rent credit set forth in this Section 38.4 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.5. A hotel in the Building will be open for business within 3 years from Occupancy Date. If the hotel is not operational or substantially completed within 3 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the hotel is operational or substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.5 for more than 180 days. If the hotel is not operational or substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the hotel opens for business) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00, During any period(s) that the rent credit set forth in this Section 38.5 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.6. The underground parking garage located under the Building will be operational or substantially completed within 2 years from the Occupancy Date. If the underground parking garage is not operational or substantially completed within 2 years from Occupancy Date, subject to extension by reason of Tenant Delay, damage by fire or other casualty, and/or Force Majeure, provided that no Default exists, Tenant, as its sole and exclusive remedy, will be provided with a rent credit in the amount of 2 days’ Fixed Rent for each day after the expiration of the applicable time period, continuing until the date that the underground parking garage is operational or has been substantially completed; provided, however, in no event will Tenant be provided with a Fixed Rent credit pursuant to this Section 38.6 for more than 180 days. If the underground parking garage is not operational or has been substantially completed after 180 days, commencing on the 181st day Tenant will resume paying 100% of the Fixed Rent due and payable under this Lease but Tenant will be provided with a reduction of Fixed Rent in the amount of $1.00 per RSF (continuing until the date on which the underground parking garage is operational or has been substantially completed) and the amount of the Security Deposit will be reduced by the monthly amount of Fixed Rent paid by Tenant (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a reduction); provided that in no event will the amount of the Security Deposit be reduced below $3,000,000.00. During any period(s) that the rent credit set forth in this Section 38.6 applies, Tenant will be responsible for Tenant’s electric charges under Section 5.3 of this Lease and Tenant’s Share of any Additional Rent.
38.7. Landlord, in good faith, will solicit from Tenant input regarding proposed retail tenants for occupancy of the retail space adjacent to Tenant’s entrance lobby.
38.8. Landlord will utilize shall construct the Landlord Improvements at Landlord’s sole cost and expense utilizing Building-standard qualities and quantities of materials and finishes. Landlord shall use commercially reasonable efforts to obtain from substantially complete the operators Landlord Improvements by August 1, 2008, subject to Force Majeure, applicable Laws, and delays attributable to the acts or omissions of Tenant or Tenant’s officers, agents, employees, or contractors (it being understood and agreed that Landlord shall be commencing such Landlord Improvements within a reasonable time following the full execution and delivery of this Lease by each of Landlord and Tenant, and that Landlord shall thereafter diligently pursue the completion of such Landlord Improvements during and in conjunction with Tenant’s performance of the gym, day care centerinitial Tenant’s Work, and hoteleach of Landlord and Tenant agree to reasonably cooperate with the other party hereto in connection with the performance and completion of their respective construction obligations hereunder).
B. With respect to that portion of the Landlord Improvements comprising the 33rd Floor Restroom Work, Landlord shall be responsible for causing such 33rd Floor Restroom Work to be performed in substantial compliance with applicable ADA requirements in effect as of the date hereof. In the event that any governmental entity or agency subsequently issues a discount violation notice with respect to such 33rd Floor Restroom Work citing the same as being in violation of not less than 10% applicable ADA requirements in effect as of the date hereof, Landlord shall be responsible for curing such violation(s) at Landlord’s sole cost and expense.
C. In addition to the foregoing Landlord Improvements, Landlord shall, upon the request of Tenant promptly following Tenant’s employeescompletion of Tenant’s Work therein and the removal by Tenant of any and all construction debris, materials, equipment, trash, and dust therein, perform a Building-standard cleaning of the Premises (it being understood and agreed that such cleaning shall be consistent with the janitorial services customarily provided by Landlord to office tenants of the Building, and in no event shall Landlord be required to remove, clean, or dispose of any such construction debris, materials, equipment, trash, or dust, the same being the sole responsibility of Tenant hereunder).
38.9. With regard to the improvements set forth in Section 38.1 (E) and Section 38.1 (F) of this Lease, Landlord will use commercially reasonable and diligent efforts in seeking the approval for such improvements from the pertinent governmental bodies, agencies, and/or departments having jurisdiction over the Project.
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