Manner of Construction. Landlord may impose, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 3 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. [***] Confidential portions of this document have been redacted and filed separately with the Commission.
Appears in 3 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and approved by Landlord (which approval shall not be unreasonably withheldin Landlord’s reasonable discretion), conditioned the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed)any early termination of the Lease Term; provided, however, that if Tenant’s request for approval of any Alteration requests a determination by Landlord may impose such requirements as to whether or not Tenant shall be required to remove the subject Alteration upon the expiration or earlier termination of this Lease in accordance with the terms hereof, then Landlord may determine, shall include in its sole consent (if granted) notice as to whether the subject Alteration shall be required to be removed prior to the expiration or earlier termination of this Lease, and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)corresponding repairs made. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority), and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to unreasonably obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering Building or the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereofCommon Areas. In addition, Landlord may, in its discretion, require Tenant addition to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 ’s obligations under Article 9 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Manner of Construction. Landlord may imposeTenant shall utilize only competent contractors, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorssubcontractors, materials, mechanics and materialmen reasonably approved by Landlord (for the construction of any Alterations, which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, that Tenant shall be entitled to use its employees to make Alterations which do not affect the mechanical or structural portions of the Premises or the Building Structure so long as Tenant complies with all other provisions of this ARTICLE 8. Upon Landlord’s request (unless Landlord may impose waived, at the time of Landlord’s approval of any Alterations pursuant to the provisions of SECTION 8.5, below, its right to make such requirements as Landlord may determinerequest), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term. If such Alterations will involve the use of or disturb Hazardous Materials or substances existing in its sole the Premises, Tenant shall comply with Landlord’s rules and absolute discretionregulations concerning, and all Applicable Laws pertaining to, Hazardous Materials or substances with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Alterations. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, statecommonwealth, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Marlborough, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations, if any, provided to Tenant in writing prior to construction of such Alterations. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “BASE BUILDING” shall include the Building Structure, and the public restrooms and the systems and equipment located in the internal core of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and promptly after notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under ARTICLE 9 of this Lease, upon completion of any AlterationsAlterations which affect the Building Systems and Building Structures, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of cause such Alterations, and such other insurance notices as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant necessary to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon evidence completion of any Alterations, work undertaken by Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Middlesex in accordance with Section 3093 the laws of the Civil Code Commonwealth of the State of California Massachusetts or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Exact Sciences Corp), Sublease Agreement (Exact Sciences Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such commercially reasonable requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building Lease Term, and the requirement that all Alterations conform in terms of quality and style to the Building’s standards established by Landlord. If such Alterations will involve the use of or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). disturb hazardous materials or substances existing in the Premises, Tenant shall construct such Alterations and perform such repairs in conformance comply with any and all applicable Landlord’s rules and regulations of any federal, state, county concerning such hazardous materials or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulationssubstances. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of governmental agencies or authoritiesSan Diego, all in conformance with Landlord’s construction rules and regulations and the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base, Shell and Core,” as that term is defined in Exhibit B, then Landlord (or Landlord’s property manager) shall, at Tenant’s expense, make such changes to the Premises shall at all times be a complete unit except during the period of workBase, Shell and Core. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 8182 of the California Civil Code of the State of California or any successor statutestatute and furnish a copy thereof to Landlord upon recordation, and timely give all notices required pursuant to Section 8190 of the California Civil Code or any successor statute (ii) failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose), and Tenant shall deliver to the Project management office of office, if applicable to the Real Property a reproducible copy of particular Alteration, the "“as built" ” drawings of the Alterations (in CAD and pdf formats) as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which Landlord, the requirement that upon Landlord’s request given at the time of Landlord’s approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building Alteration, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or Systems any early termination of the Lease Term, and Equipment (including designating specific contractors the requirement that all Alterations conform in terms of quality and style to perform the building’s standards established by Landlord. If such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall construct such Alterations and perform such repairs in conformance comply with any and all applicable Landlord’s reasonable rules and regulations of any federal, state, county concerning such hazardous materials or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulationssubstances. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all lawsLaws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable Laws and pursuant to a valid building permit, issued by Salt Lake City, all in conformance with Landlord’s construction rules and regulations of governmental agencies or authoritiesand the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord (or Landlord’s property manager) shall, at Tenant’s expense, make such changes to the Premises Base Building. The “Base Building” shall at all times be a complete unit except during mean the period (i) Building’s roof and roof membrane, elevator shafts, footings, foundations, structural portions of workload-bearing walls, structural floors and subfloors, structural columns and beams, and curtain walls, and (ii) Building’s core HVAC, life-safety, plumbing, electrical, mechanical and elevator systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Project and in that respect, Landlord shall have the right, in connection with the construction of any Alterations and/or any tenant improvements constructed in the Premises pursuant to the terms of the Real PropertyTenant Work Letter, or interfere to require that all subcontractors, laborers, materialmen, and suppliers retained directly by Tenant and/or Landlord (unless Landlord elects otherwise) be union labor in compliance with the then existing master labor force working at the Real Propertyagreements. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only licensed contractors, subcontractors, materials, mechanics and materialmen approved with commercially reasonable rates selected by Tenant from a list provided by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting certain trades, and if Landlord has no such list for the structural components applicable trade, then such licensed contractors, subcontractors, materials, mechanic’s and materialmen selected by Tenant and reasonably approved by Landlord, and the requirement that all Alterations conform in terms of quality and style to the Building building’s standards established by Landlord. If such Alterations will involve the use of or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). disturb hazardous materials or substances existing in the Premises, Tenant shall construct such Alterations and perform such repairs in conformance comply with any and all applicable Landlord’s rules and regulations of any federal, state, county concerning such hazardous materials or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulationssubstances. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall shalt create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of governmental agencies or authoritiesSan Diego, all in conformance with Landlord’s construction rules and regulations and the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end that Building or Common Areas, then Landlord shall, at Tenant’s expense, make such changes to the Premises shall at all times be a complete unit except during the period of workBuilding or Common Areas. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering Building or the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereofCommon Areas. In addition, Landlord may, in its discretion, require Tenant addition to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 ’s obligations under Article 9 of this Lease. Upon , upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteagrees to, (ii) Landlord’s request, deliver to the Project management office of the Real Property a reproducible copy of the "as “as-built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request. Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord. Landlord (which shall tell Tenant at the time of approval shall not whether such improvements need to be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting removed at the structural components end of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Lease Term. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Carlsbad, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If In the event Tenant makes performs any AlterationsAlterations in the Premises which require or give rise to governmentally required changes to the Base Building, and provided that Landlord notified Tenant agrees of such requirement in Landlord’s consent to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and then Landlord shall, at Tenant’s expense, make such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant changes to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseBase Building. Upon completion of any AlterationsAlterations and to the extent applicable, Tenant shall (i) agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Carlsbad in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "any “as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Manner of Construction. All construction performed on or with respect to the Premises by Tenant or its designee shall be performed in a good and workmanlike and in a first-class manner, and in accordance with the plans approved by Landlord may imposeand with all applicable permits, as condition authorizations, laws, ordinances, orders, regulations and requirements of its consent to all Alterations or repairs governmental authorities having jurisdiction of the Premises. Tenant shall carry “Builder’s All Risk” insurance in a reasonable amount to cover any construction performed on or with respect to the Premises by Tenant or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, designee. Any Alterations involving adhesives (including, but not limited to, adhesives for carpet, carpet tile, plastic laminate, wall coverings, adhesives for wood, or sealants) shall be those with the lowest possible volatile organic compounds (VOC) content and which meet the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building manufacturer of the products adhered or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)involved. Tenant shall construct such Alterations use adhesives and perform such repairs in conformance sealants with any no formaldehyde or heavy metals. Adhesives and all applicable rules other materials used for the installation of carpets shall be limited to those having a flash point of 140 degrees F or higher. Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs. Any painted walls shall be painted with low VOC primer. Notwithstanding the foregoing and regulations of any federal, state, county or municipal code or ordinance and pursuant subject to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all lawsEnvironmental Law, rules and regulations of governmental agencies which now or authorities. All work with respect to at any Alterations must time hereafter may be done in good and workmanlike manner and diligently prosecuted to completion applicable to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of or any such Alterationspart thereof, Tenant shall have be permitted to use any adhesive, sealant, gypsum board and paint that has historically been used in the work performed in such manner as not to obstruct access to Building. Upon request, Tenant will provide Landlord with material safety data sheets (MSDS) or other appropriate documents for the Building following products, adhesives, caulking, sealants, insulating materials, fireproofing or Real Property fire stopping materials, paints and wall coverings, carpets, floor coverings, ceiling materials, floor and wall patching or the common areas leveling materials, lubricants, clear finishes for any other tenant of the Real Propertywood surfaces, janitorial cleaning products, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere pest control products. All MSDS shall comply with the labor force working at the Real PropertyOccupational Safety and Health Administration (OSHA) requirements. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that will comply with all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded recommended measures in the office MSDS for the products used to protect the health and safety of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialspersonnel.
Appears in 2 contracts
Sources: Lease Agreement (Qualtrics International Inc.), Lease Agreement (Qualtrics International Inc.)
Manner of Construction. All Alterations performed by or on behalf of Tenant shall be performed: (a) at Tenant’s sole cost and expense, which shall include, without limitation, payment to Landlord may impose, as condition of its consent (to all Alterations or repairs the extent required to be paid by Landlord to Master Landlord under Section 8.2 of the Premises or about Master Lease) of Master Landlord’s reasonable out-of-pocket costs incurred by Master Landlord to review Tenant’s plans and specifications for the Premises, such requirements as Alterations; (b) in a diligent and good and workmanlike manner; (c) in compliance with all Applicable Laws and in substantial conformance with the plans and specifications therefor submitted by Tenant to Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen Master Landlord (and approved by Landlord (which and Master Landlord, to the extent such approval shall not be unreasonably withheld, conditioned or delayedwas required); provided(d) by contractors and subcontractors selected by Tenant and reasonably approved by Landlord and Master Landlord (and Landlord shall cause Master Landlord to not unreasonably withhold consent) (except that pursuant to the Master Lease, however, Master Landlord may impose such requirements as Landlord may determine, in its sole reasonably designate the contractors and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors subcontractors to perform such work all B/S Alterations provided such contractors and subcontractors are unrelated to Master Landlord or Landlord and agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementsare reasonably available). Tenant shall construct such Alterations and perform such repairs ; (e) in conformance with any and all applicable Master Landlord’s reasonable, non-discriminatory construction rules and regulations (which Landlord shall make available or cause Master Landlord to make available to Tenant upon request); and (f) in such manner so as not to unreasonably obstruct access to the Project or any portion thereof, by any other tenant of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedProject, and in conformance so as not to unreasonably interfere with Master Landlord's commercially ’s normal and customary business operations at the Building or Project or other tenants’ or occupants’ use or enjoyment of their premises for reasonable construction rules and regulationscustomary uses. Landlord's approval of the plansIn addition, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion prior to the end that the Premises shall at all times be a complete unit except during the period commencement of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building provide Landlord and Master Landlord with evidence that Tenant or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "its contractor carries “Builder's ’s All Risk" ” insurance in an amount reasonably approved by Landlord (provided Landlord shall not withhold approval unless Master Landlord reasonably withholds approval to the extent allowed under the Master Lease) (not to exceed the amount of coverage typically required by landlords of Comparable Buildings) covering the construction of such Alterations, and such other insurance as Master Landlord under the Master Lease may reasonably require. Tenant shall, it being understood within twenty (20) days after demand, remove or bond against any liens imposed against the Building or Project as a result of the performance by Tenant of any Alterations and/or installation by Tenant of any furniture, fixtures or equipment in or at the Premises, Building or Project, and agreed that shall indemnify, defend and hold Landlord and Master Landlord harmless from and against all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, Claims in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require connection with any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsliens.
Appears in 2 contracts
Sources: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the PremisesPremises for which consent is required, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned the requirement that upon Landlord’s request, subject to the terms of Section 8.5, below, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Francisco, and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Francisco in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such commercially reasonable requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building Lease Term, and the requirement that all Alterations conform in terms of quality and style to the Building’s standards established by Landlord. If such Alterations will involve the use of or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). disturb hazardous materials or substances existing in the Premises, Tenant shall construct such Alterations and perform such repairs in conformance comply with any and all applicable Landlord’s rules and regulations of any federal, state, county concerning such hazardous materials or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulationssubstances. Landlord's ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of governmental agencies or authoritiesSan Diego, all in conformance with Landlord’s construction rules and regulations and the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base, Shell and Core,” as that term is defined in Exhibit B, then Landlord (or Landlord’s property manager) shall, at Tenant’s expense, make such changes to the Premises shall at all times be a complete unit except during the period of workBase, Shell and Core. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering Building or the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereofCommon Areas. In addition, Landlord may, in its discretion, require Tenant addition to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 ’s obligations under Article 9 of this Lease. Upon , upon completion of any Alterations, Tenant shall (i) ▇▇▇▇▇▇ agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 8182 of the California Civil Code of the State of California or any successor statutestatute and furnish a copy thereof to Landlord upon recordation, and timely give all notices required pursuant to Section 8190 of the California Civil Code or any successor statute (ii) failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as ▇▇▇▇▇▇’s agent for such purpose), and Tenant shall deliver to the Project management office of office, if applicable to the Real Property a reproducible copy of particular Alteration, the "“as built" ” drawings of the Alterations (in CAD and pdf formats) as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Manner of Construction. All Alterations performed by or on behalf of Tenant shall be performed: (a) at Tenant’s sole cost and expense, which shall include, without limitation, payment to Landlord may imposeof Landlord’s reasonable out-of-pocket costs incurred by Landlord to review Tenant’s plans and specifications for the Alterations; (b) in a diligent and good and workmanlike manner; (c) in compliance with all Applicable Laws and in substantial conformance with the plans and specifications therefor submitted by Tenant to Landlord (and approved by Landlord, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, extent such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that approval was required); (d) by contractors and subcontractors selected by Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, except that Landlord may impose such requirements as Landlord may determine, in its sole reasonably designate the contractors and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors subcontractors to perform such work all B/S Alterations provided such contractors and subcontractors are unrelated to Landlord and agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementsare reasonably available). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and ; (e) in conformance with Landlord's commercially reasonable ’s reasonable, non-discriminatory construction rules and regulations. Landlord's approval regulations (which shall be made available to Tenant upon request); and (f) in such manner so as not to unreasonably obstruct access to the Project or any portion thereof, by any other tenant of the plansProject, specifications and working drawings so as not to unreasonably interfere Landlord’s normal and customary business operations at the Building or Project or other tenants’ or occupants’ use or enjoyment of their premises for Tenant's [***] Confidential portions of this document have been redacted reasonable and filed separately with the Commissioncustomary uses. Alterations shall create no responsibility or liability on the part of Landlord for their completenessIn addition, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion prior to the end that the Premises shall at all times be a complete unit except during the period commencement of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building provide Landlord with evidence that Tenant or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "its contractor carries “Builder's ’s All Risk" ” insurance in an amount reasonably approved by Landlord (not to exceed the amount of coverage typically required by landlords of Comparable Buildings) covering the construction of such Alterations, and such other insurance as Landlord may reasonably require. Tenant shall, it being understood within twenty (20) days after demand, remove or bond against any liens imposed against the Building or Project as a result of the performance by Tenant of any Alterations and/or installation by Tenant of any furniture, fixtures or equipment in or at the Premises, Building or Project, and agreed that shall indemnify, defend and hold Landlord harmless from and against all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, Claims in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require connection with any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsliens.
Appears in 2 contracts
Sources: Lease Agreement (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord Landlord, and the requirement that upon Landlord’s timely request (which approval shall not be unreasonably withheldas more particularly set forth in Section 8.5, conditioned below), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building Lease Term in accordance with the terms of Section 8.5, below. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or Systems disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and Equipment (including designating specific contractors to perform regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Francisco, and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right prior to require commencing to construct any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any AlterationsAlteration, Tenant shall (i) cause a Notice of Completion meet with Landlord to be recorded discuss Landlord’s design parameters and code compliance issues. In the event Tenant performs any Alterations in the office of the Recorder of the county in Premises which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.require or
Appears in 2 contracts
Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant utilize for shall, at Tenant’s expense, remove such purposes only contractorsAlterations upon the expiration or any early termination of the Lease Term, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose only require such requirements as removal if such Alterations are Specialty Improvements. For the avoidance of doubt, Tenant shall only be responsible for removing Specialty Improvements (hereafter defined), if at the time of its consent to such Specialty Improvements, Landlord may determine, advises in writing in its sole and absolute discretion, with respect consent that Tenant is obligated to any work affecting remove such Specialty Improvements at the structural components expiration of the Building Term. “Specialty Improvements” means, collectively, any alterations, additions or Systems improvements to the Premises which are not typical alterations, additions or improvements found in Comparable Buildings (and Equipment (including designating specific contractors typical general laboratory improvements will not be deemed to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementsbe Specialty Improvements). Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority). Tenant shall not use (and upon notice from Landlord shall cease using) contractors, and services, workmen, labor, materials or equipment that, in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of the plansjudgment, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately would disturb labor harmony with the Commission. Alterations shall create no responsibility workforce or liability on the part of Landlord for their completenesstrades engaged in performing other work, design sufficiency, labor or compliance with all laws, rules and regulations of governmental agencies services in or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to about the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseCommon Areas. Upon completion of any Alterations (other than Exempt Alterations), Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations (i) other than Exempt Alterations), Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Mateo in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations (other than Exempt Alterations) as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 2 contracts
Sources: Lease (Septerna, Inc.), Lease (Septerna, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work materially and adversely affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations (the estimated cost of which exceeds Two Hundred Fifty Thousand Dollars ($250,000)) and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Manner of Construction. Landlord may imposeTenant shall utilize only competent contractors, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorssubcontractors, materials, mechanics and materialmen reasonably approved by Landlord (for the construction of any Alterations, which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, that Tenant shall be entitled to use its employees to make Alterations which do not affect the mechanical or structural portions of the Premises or the Building Structure so long as Tenant complies with all other provisions of this ARTICLE 8. Upon Landlord's request (unless Landlord may impose waived, at the time of Landlord's approval of any Alterations pursuant to the provisions of SECTION 8.5, below, its right to make such requirements as Landlord may determinerequest), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term. If such Alterations will involve the use of or disturb Hazardous Materials or substances existing in its sole the Premises, Tenant shall comply with Landlord's rules and absolute discretionregulations concerning, and all Applicable Laws pertaining to, Hazardous Materials or substances with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Alterations. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, statecommonwealth, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Marlborough, and in conformance with Landlord's commercially reasonable construction rules and regulations, if any, provided to Tenant in writing prior to construction of such Alterations. LandlordIn the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "BASE BUILDING" shall include the Building Structure, and the public restrooms and the systems and equipment located in the internal core of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and promptly after notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under ARTICLE 9 of this Lease, upon completion of any AlterationsAlterations which affect the Building Systems and Building Structures, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of cause such Alterations, and such other insurance notices as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant necessary to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon evidence completion of any Alterations, work undertaken by Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Middlesex in accordance with Section 3093 the laws of the Civil Code Commonwealth of the State of California Massachusetts or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable ▇▇▇▇▇▇▇▇’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 2 contracts
Sources: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirablereasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld, conditioned withheld or delayed); provided. In any event, howeverTenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, Landlord may impose such requirements as Landlord may determinestructural aspects of the Building, in its sole and absolute discretion, with respect to any work affecting the structural components Base Shell or Core or exterior appearance of the Building or Systems and Equipment Common Areas provided that (including designating specific contractors i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work provided in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such contractors and subcontractors agree subcontractor selected by Landlord to perform charge Tenant for such work at competitive prices in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to Tenant's reasonable scheduling competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Applicable Laws and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable construction rules PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition to Tenant's obligations under Article 9 of the Real Propertythis Lease, or interfere with the labor force working at the Real Property. If Tenant makes upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with California Civil Code Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Manner of Construction. Landlord may impose, as a condition of its ---------------------- consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval provided such list shall not be unreasonably withheldinclude more than one (1) contractor and shall also include ▇▇▇▇▇▇▇ and/or any other ▇▇▇▇▇▇▇ entity reasonably approved by Landlord), conditioned the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building Lease Term if Landlord gave Tenant written notice that such removal would be required at the time Landlord consented to such Alteration. If such Alterations will involve the use of or Systems disturb Hazardous Materials or substances existing in the Premises, Tenant shall comply with Landlord's rules and Equipment (including designating specific contractors to perform regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Hazardous Materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and all in conformance with Landlord's commercially reasonable construction rules and regulations. LandlordIn the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion --------- of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien payment and completion bond performance bonds naming Landlord as a co-obligee and obtain and record a Statutory ▇▇▇▇ ▇▇▇▇ pursuant to Massachusetts General Laws, Chapter 254, Section 12 or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Substantial Completion pursuant to Massachusetts General Laws, Chapter 254, Section 2A to be executed by ▇▇▇▇▇▇ and its contractor and recorded in with the office Middlesex South Registry of Deeds and filed with the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteSouthern Middlesex District, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.5 of this Lease. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit (which approval shall not be unreasonably withheldto the extent required) to do the work from appropriate governmental agencies, conditioned or delayed); provided, however, the furnishing of a copy of such permit to Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect prior to any work affecting the structural components commencement of the Building work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or Systems disturb hazardous materials or substances existing in the Premises, Tenant shall notify Landlord prior to performing such Alterations and Equipment (including designating specific contractors to perform comply with Landlord’s rules and regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county county, local or municipal code or ordinance laws, ordinances, rules and regulations and pursuant to a valid building permitpermit (to the extent required), issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority), and all in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right prior to require commencing to construct any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any AlterationsAlteration, Tenant shall (i) cause a Notice of Completion meet with Landlord to be recorded discuss Landlord’s design parameters and code compliance issues. In the event Tenant performs any Alterations in the office Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. Since all or a portion of the Recorder of Project is or may become in the county future certified under the LEED rating system (or other applicable certification standard) (all in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteLandlord’s sole and absolute discretion), (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, Tenant expressly acknowledges and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.agrees that without
Appears in 2 contracts
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant to utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which Landlord, such approval shall not to be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, and issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien payment and completion bond performance bonds naming Landlord as a co-obligee and obtain and record a Statutory ▇▇▇▇ ▇▇▇▇ pursuant to Massachusetts General Laws, Chapter 254, Section 12 or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require for any such bond or alternate form Alterations costing in excess of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease$500,000. Upon completion of any Alterations, Tenant shall (i) cause cause, if applicable, a Notice of Substantial Completion pursuant to Massachusetts General Laws, Chapter 254, Section 2A to be executed by Tenant and its contractor and recorded in with the office Middlesex South District registry of Deeds and filed with the Recorder South Registry District of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteMiddlesex County, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materialsmaterials (except that lien waivers shall not be required for those holding contracts or otherwise performing work in connection therewith valued at less than $35,000 in the aggregate per contractor/vendor).
Appears in 2 contracts
Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the PremisesPremises or Tenant’s Off-Premises Equipment, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord Landlord, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove any “Specialty Alterations” (which approval shall not be unreasonably withheld, conditioned defined below) upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity, and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of In the plansevent Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, specifications and working drawings for then Landlord shall, at Tenant's [***] Confidential portions of this document have been redacted and filed separately with ’s expense, make such changes to the CommissionBase Building. Alterations The “Base Building” shall create no responsibility or liability mean the Building Structure, the Building Systems, including the Building Systems on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during is located as well as the period of workCommon Areas. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition to Tenant’s obligations under Article 9 of the Real Propertythis Lease, or interfere with the labor force working at the Real Property. If Tenant makes upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work materially or adversely affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations (the estimated cost of which exceeds Two Hundred Fifty Thousand Dollars ($250,000.00)) and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Manner of Construction. Landlord may impose, as condition of its consent Prior to all commencing any structural Alterations or repairs Alterations which would materially adversely impact the Base Building Systems, Tenant shall submit to Landlord the full and complete plans and specifications of such Alterations in AutoCAD or PDF formats (the “Alteration Plans”) and no work covered by the Alteration Plans shall be commenced until Landlord has given its approval thereof and of the Premises or about the Premisesgeneral contractor performing such Alterations, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval approvals shall not be unreasonably withheld, conditioned or delayed); provided, however, . Landlord may impose such requirements as shall not charge any plan review fees provided Tenant shall reimburse Landlord may determine, in its sole for the reasonable out-of-pocket architectural and absolute discretion, engineering fees for review of Tenant’s Alteration Plans (which out-of-pocket costs shall not exceed $2,000 with respect to any work affecting single instance of Alterations proposed by Tenant). Landlord’s right to review the structural components Alteration Plans shall be for its sole purpose and shall not imply Landlord’s actual review of Tenant’s Alteration Plans or obligate Landlord to review the same, nor shall any review of Tenant’s Alteration Plans obligate Landlord to review the same for quality, design, compliance with the Underlying Documents or Applicable Laws or other like matters. Prior to commencing any Alterations, Tenant shall also deliver to Landlord each of the Building or Systems following items (to the extent applicable): all permits, authorizations and Equipment approvals required for such Alterations (including designating specific contractors to perform such work provided such contractors any authorizations and subcontractors agree to perform such work at competitive prices and approvals required pursuant to Tenant's reasonable scheduling requirementsthe Underlying Documents); and evidence of the insurance required under Section 8.3 below. Tenant shall construct such perform all Alterations at its sole cost and perform such repairs expense, in a good and workmanlike manner, using materials of good quality, and, as applicable, in conformance with the Alteration Plans approved by Landlord, Code and other Restrictions, including the Americans with Disabilities Act of 1990, and any and all applicable rules and regulations regulations. Tenant shall ensure that no Alterations materially adversely impair any Base Building Systems or Landlord’s ability to perform its obligations under this Lease. In no event shall Tenant or Tenant’s contractor be required to pay a construction deposit of any federalkind or provide any completion bond, statenotwithstanding anything to the contrary in this Lease, county the exhibits to this Lease, or municipal code any other document, including, without limitation, any tenant manual or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable any construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon Promptly after completion of any Alterations, Tenant shall (ia) cause a Notice of Completion to be recorded in the office of the Recorder recorder of the county in which the Real Property Building is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statuteApplicable Law, (b) furnish Landlord with a general contractor’s affidavit and a full and final lien release from Tenant’s general contractor, and (c) cause Tenant’s architect and contractor to (i) update any Alteration Plans as necessary to reflect all changes to the Alteration Plans during the course of construction of the Alterations, (ii) deliver certify to their actual knowledge that the management office “record-set” of the Real Property a reproducible copy of the "as built" as-built drawings of the Alterationsis true and correct, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services the as-built drawings in AutoCAD or materialsPDF formats.
Appears in 2 contracts
Sources: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, when required, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant utilize for shall, at Tenant’s expense, remove such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned Alterations upon the expiration or delayed); provided, however, any early termination of the Lease Term. Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretionalso, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific Equipment, specify contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)work. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable statutes, ordinances, rules and regulations of any federal, state, county or municipal code or ordinance ordinance, including, without limitation, Title III of the Americans With Disabilities Act (“ADA”), and pursuant to a valid building permit, issued by the city in which the Real Property is located, and City of Phoenix in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Building Complex or the common areas for by any other tenant of the Real PropertyBuilding Complex, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding Complex, or interfere with the labor force working at in the Real PropertyBuilding Complex. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located Maricopa County in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteapplicable Arizona law, (ii) deliver to the Building Complex management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable; provided, includinghowever, such requirement shall at a minimum include, but not be limited to, the following: (i) the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, (ii) the requirement that upon Landlord’s timely request (as more particularly set forth in Section 8.5, below), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term and return the affected portion of the Premises to the “Warm Shell” condition as more particularly identified in Section 2.3 of the Work Letter Agreement attached as Exhibit B to this Lease, (iii) the requirement that a copy of Tenant’s contract(s) with its contractors be delivered to Landlord prior to the commencement of any such construction (which approval contracts shall not state that all change orders must be unreasonably withheldapproved, conditioned or delayedin writing, by Landlord prior to implementation); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole (iv) Landlord’s review and absolute discretion, with respect to any work affecting the structural components approval of the Building final budget (contractor’s cost proposal) for such Alterations or Systems repairs; and Equipment (including designating specific contractors v) the requirement that Tenant shall meet with Landlord, prior to perform such work provided such contractors the commencement of any construction, to discuss Landlord’s design parameters and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)code compliance issues. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall consist of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workBuilding Structure. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall use commercially reasonable efforts to use contractors, services, workmen, labor, materials or interfere equipment in a manner that minimizes any material disturbance to labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyProject. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 2 contracts
Sources: Office Lease (Dexcom Inc), Office Lease (Dexcom Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term (upon Tenant’s request, Landlord shall specify, at the time of its consent, which Alteration, if any, must be removed upon expiration or early termination of the Lease Term), and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and City of Irvine in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for by any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located Irvine County in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Landlord a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Intralase Corp), Office Lease (Advanced Medical Optics Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned and the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority), and all in conformance with Landlord's commercially reasonable construction rules and regulations. ; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord's design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then (i) such Base Building changes shall be subject to Landlord's prior approval in its sole discretion, (ii) if such changes are approved by Landlord, Landlord shall, at Tenant's expense, make such changes to the Base Building, and (iii) if such Base Building changes are not approved by Landlord, then Tenant shall not have the right to perform such Alterations. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Building is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (1st Pacific Bancorp), Office Lease (PDF Solutions Inc)
Manner of Construction. Landlord Lessor may impose, impose as a condition of its ---------------------- consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord Lessor in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant upon Lessor's request, Lessee shall, at Lessee's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Lessee utilize for such purposes only contractors, materials, mechanics and materialmen management selected by Lessee and approved by Landlord Lessor (which approval shall not be unreasonably withheld, conditioned or delayed); ): provided, however, Landlord that Lessee shall utilize subcontractors of Lessor's selection to perform all work that may impose such requirements as Landlord may determineaffect the Systems and Equipment, in its sole and absolute discretion, with respect to any work affecting the structural components aspects of the Building Project, the Base, ▇▇▇▇▇ and Core, or Systems and Equipment (including designating specific contractors exterior appearance of the Project or common areas, provided that Lessor shall cause such subcontractors selected by Lessor to perform charge Lessee for such work provided such contractors in an amount equal to the cost that comparable first-class reputable and reliable subcontractors agree to perform such work at competitive prices and would have charged Lessee if selected pursuant to Tenant's reasonable scheduling requirements)competitive bidding procedures. Tenant Lessee shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, federal state, county country or municipal code or ordinance and pursuant to a valid building permit, permit issued by the city in which the Real Property is located, and City of Pasadena in conformance with LandlordLessor's commercially reasonable construction rules and regulations. Landlordregulations Lessor's approval of the plans, specifications and working drawings for TenantLessee's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord Lessor for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant Lessee shall have the work performed in such manner as is not to obstruct access to the Building or Real Property or the common areas Project for any other tenant Lessee of the Real PropertyProject, and as is not to obstruct the business of Landlord Lessor or other tenants of Lesses in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant In the event that Lessee makes any Alterations, Tenant Lessee agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord Lessor covering the construction of such Alterations, and such other insurance as Landlord is Lessor may require, it being understood and agreed that all of such Alterations Alteration shall be insured by Tenant's insurance Lessee pursuant to Article 10 of this Lease 9 immediately upon completion thereof. In addition, Landlord Lessor may, in its reasonable discretion, require Tenant Lessee to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord Lessor in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord Lessor as co-a co- obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) Lessee agrees to cause a Notice of Completion to be recorded in the office Office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section section 3093 of the Civil Code of the State of ---------- California or any successor statute, (ii) statute and Lessee shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings drawing of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment Lease Term (including designating specific contractors subject to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementsthe terms of Section 8.5, below). Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San ▇▇▇▇▇▇, and all in conformance with Landlord's commercially reasonable ’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building”, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workis located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Mateo in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 2 contracts
Sources: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Requirements and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In additionTenant’s contractors shall carry worker’s compensation insurance covering all of their respective employees, Landlord mayand shall also carry public liability insurance, including property damage, all with limits, in its discretion, require form and with companies as are required to be carried by Tenant as set forth in the Lease. Certificates for all insurance carried pursuant to obtain lien and completion bond or some alternate form of security satisfactory the foregoing shall be delivered to Landlord in an amount sufficient to ensure before the lien-free completion commencement of such construction of any Alterations and naming before any contractor’s equipment is moved onto the site. All such policies shall insure Landlord and ▇▇▇▇▇▇, as co-obligee; providedtheir interests may appear, howeveras well as contractor and Tenant’s other agents, that Landlord and shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf name as additional insureds Landlord’s property manager, ▇▇▇▇▇▇▇▇’s asset manager, and all mortgagees of the Original Tenant or Building and any assignee other parties specified by Landlord. All insurance, except workers’ compensation, maintained by Tenant’s agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Leaseprimary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iiiii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and/or the Building's systems and Equipment equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federallaws (including, statewithout limitation, county or municipal code or ordinance California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which or municipality governing the Real Property is locatedBuilding, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at the Real PropertyBuilding or Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with the terms of Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Sierra Oncology, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement made at the time such consent is granted, which shall apply only to improvements which landlords of comparable office buildings generally do not permit tenants to leave in their premises upon the expiration or earlier termination of their lease, that Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term if such Alteration would be deemed an Extraordinary Improvement as such term is defined in the Second Amendment, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with Landlord. With respect to any Alterations installed in the Premises under the Original Lease, Landlord hereby waives any right to require that Tenant remove such Alterations upon the expiration or any early termination of this Lease Term, except in the event that, solely in connection with the improvements to be constructed pursuant to the Second Amendment, Landlord has provided written notice to Tenant prior to the Commencement Date of this Lease that Landlord will require removal of a particular Extraordinary Improvement. A contractor of Landlord’s selection shall perform all work affecting that may affect the Systems and Equipment, structural components aspects of the Building or Systems and Equipment (including designating specific contractors exterior appearance of the Building; provided that Landlord shall cause the contractor to perform charge Tenant for such work provided such an amount equal to the costs that competitive first-class, reputable and reliable contractors would have charged Tenant (but not necessarily the lowest available), and subcontractors agree to perform such work shall be performed at competitive prices and pursuant to Tenant's reasonable scheduling requirements)’s cost. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is located, and all in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner manner, and in compliance with Landlord’s Construction Package attached hereto as Exhibit C and incorporated herein by this reference, and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the Warner Center III\Health Net\JS\December 22, 2003 work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereofProject. In addition, Landlord may, in its discretion, require Tenant addition to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to ’s obligations under Section 14.7 19.18 of this Lease. Upon , upon completion of any Alterations, Tenant shall (i) ▇▇▇▇▇▇ agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible reproducible, full-sized copy of the "“as built" ” drawings (1/8 inch = 1 foot scale) of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term (upon Tenant's request, Landlord shall specify, at the time of its consent, which Alteration, if any, must be removed upon expiration or early termination of the Lease Term), and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and City of San Diego in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Project or the common areas for by any other tenant of the Real PropertyProject, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located San Diego County in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (PDF Solutions Inc)
Manner of Construction. Landlord may imposeshall have the exclusive right, as condition at Landlord’s option, but not the obligation, to make the Alterations at Tenant’s sole cost and expense. Prior to the commencement of its consent to all construction of any Alterations or repairs of the Premises or about the Premisesrepairs, such requirements as Landlord Tenant shall submit to Landlord, for Landlord’s review and approval in its reasonable discretion may deem desirablediscretion, includingall plans, but not limited tospecifications and working drawings relating thereto. Tenant, at its sole cost and expense, shall retain an architect/space planner selected by Tenant, and reasonably approved by Landlord, to prepare such plans, specifications and working drawings; provided that, Tenant shall also retain the engineering consultants designated by Landlord to prepare all plans and engineering working drawings, if any, relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety and sprinkler work of the Alterations. Tenant shall cause each architect/space planner and engineer retained by Tenant to follow Landlord’s standard construction administration procedures and to utilize the standard specifications and details for the Building, all as promulgated by Landlord from time to time. Tenant and Tenant’s architect/space planner shall verify, in the field, the requirement dimensions and conditions as shown on the relevant portions of the “Base Building” plans, and Tenant and Tenant’s architect/space planner shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of plans, specifications and working drawings as set forth in this Section 8.2, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, compliance with applicable building codes or other like matters. Accordingly, notwithstanding that Tenant utilize for such purposes only contractorsany plans, materials, mechanics and materialmen approved specifications or working drawings are reviewed by Landlord (or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which approval may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be unreasonably withheld, conditioned responsible for any omissions or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, errors contained in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for the Alterations, and Tenant's [***] Confidential portions ’s waiver and indemnity set forth in Section 10.1 of this document have been redacted Lease, below, shall specifically apply to the plans, specifications, and filed separately with working drawings for the CommissionAlterations. Following Landlord’s approval in its reasonable discretion of all plans, specifications and working drawings for the Alterations, a contractor to construct the Alterations shall create no responsibility or liability on be selected by Tenant from the part list of contractors approved by Landlord for their completenessor, design sufficiencyat Tenant’s option, or compliance with all lawsexercisable by written notice to Landlord, rules and regulations of governmental agencies or authorities. All work with respect pursuant to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Propertycompetitive bidding process. If Tenant makes shall select a contractor from Landlord’s list of approved contractors, then Landlord shall provide to Tenant an itemized statement of costs, as set forth in the proposed contract with such contractor. If Tenant shall elect to have a contractor selected by a competitive bidding process, then (i) Landlord shall solicit bids for construction of the Alterations from three (3) qualified, licensed and reputable contractors selected by Landlord (each of which contractors shall be notified in the bidding package of the requirement that, unless Landlord otherwise requires, the selected contractor shall use the fire, life safety subcontractor designated by Landlord), (ii) Landlord shall perform a reconciliation of the submitted bids to adjust for inconsistent or incorrect assumptions so that a like kind comparison can be made and a low bid determined, and (iii) Landlord shall provide to Tenant an itemized statement of costs, as set forth in the proposed contract with the contractor who submits the lowest bid. Tenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such itemized statement of costs by Landlord, Landlord shall be released by Tenant (i) to retain the contractor who submitted such itemized statement of costs, and (ii) to purchase the items set forth in such itemized statement of costs and to commence the construction relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the contractor selected in accordance with this Section 8.2 to construct the Alterations, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Alterations. In the event Tenant requests any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. As used in this Lease, the “Base Building” shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Novacea Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "or have its contractor carry “Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Xactly Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement made at the time such consent is granted, which shall apply only to improvements which landlords of comparable office buildings generally do not permit tenants to leave in their premises upon the expiration or earlier termination of their lease, that Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval Landlord. In any event, a contractor of Landlord’s selection shall not be unreasonably withheldperform all work that may affect the Systems and Equipment, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components aspects of the Building or Systems and Equipment (including designating specific contractors exterior appearance of the Building; provided that Landlord shall cause the contractor to perform charge Tenant for such work provided such an amount equal to the costs that competitive first-class, reputable and reliable contractors would have charged Tenant (but not necessarily the lowest available), and subcontractors agree to perform such work shall be performed at competitive prices and pursuant to Tenant's reasonable scheduling requirements)’s cost. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is located, and all in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant makes In addition to Tenant’s obligations under Section 19.18 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible reproducible, full-sized copy of the "“as built" ” drawings (1/8 inch = 1 foot scale) of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirabledesirable as to the manner in which such Alterations or repairs will be performed, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.5 of this Lease. If Landlord fails to respond with its approval or disapproval of Tenant’s contractors within five (5) business days, then Tenant may send Landlord a reminder notice setting forth such failure containing the following sentence at the top of such request in bold, capitalized font at least twelve (12) points in size: “LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF TENANT’S CONTRACTOR” (the “Contractor Reminder Notice”). If Landlord fails to respond within two (2) business days after receipt of a Contractor Reminder Notice, then Tenant’s contractor for which Tenant requested Landlord’s approval shall not be unreasonably withhelddeemed approved by Landlord. If Landlord shall give its consent, the consent shall be deemed conditioned or delayed); providedupon Tenant acquiring a permit to do the work from appropriate governmental agencies, however, the furnishing of a copy of such permit to Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect prior to any work affecting the structural components commencement of the Building work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or Systems disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and Equipment (including designating specific contractors to perform regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federalLaws, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority), and all in conformance with Landlord's commercially reasonable construction rules ’s Construction Rules and regulationsRegulation (as defined below). Landlord's approval of In the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Premises Base Building. The “Base Building” shall at all times be a complete unit except during include the period of workBuilding Structure and the Building Systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to materially obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to materially obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall retain any union trades to the extent designated by Landlord. Further, Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Francisco in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) statute and Tenant shall deliver to the management office of the Real Property property manager a reproducible copy of the "“as built" ” and CAD drawings of the Alterations, and (iii) deliver to Landlord evidence of paymentthe extent applicable, contractors' affidavits and full and final waivers as well as copies of all liens for laborpermits, services or materialsapprovals and other documents issued by any governmental agency in connection with the Alterations. “Construction Rules and Regulations” shall be the reasonable and customary rules and regulations promulgated by Landlord regarding construction performed by tenants of the Building and provided to Tenant in writing, which shall be materially consistent with the construction rules and regulations of other Comparable Buildings. To the extent of any conflict between the terms and conditions of the Construction Rules and Regulations and the terms and conditions of this Lease, the terms and conditions of this Lease shall control.
Appears in 1 contract
Sources: Office Lease (Unity Software Inc.)
Manner of Construction. In the event Landlord may imposeconsents to any Work, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, ---------------------- such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only Work shall be performed by contractors, materialssubcontractors, and mechanics and materialmen approved by that Landlord (has consented to in advance, which approval consent shall not be unreasonably withheld, ; conditioned or delayed); , provided, howeverLandlord reserves the right to cause any portion of such Work which affects the Building's structure or any Building system (such as the heating, ventilating and air conditioning systems, the plumbing system, life safety and the electrical system) to be performed by contractors, subcontractors and mechanics of Landlord's choosing, in which event Tenant shall pay the reasonable cost of preparation of the plans and permits and fees of said contractors, subcontractors and mechanics. Furthermore, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect reserves the right to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors require Tenant to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)retain only union contractors. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations Before commencement of any federal, state, county Work or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval delivery of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that materials into the Premises shall at all times be a complete unit except during or the period of work. In performing the work of any such AlterationsBuilding, Tenant shall have the work performed in such manner as not furnish to obstruct access Landlord, for its prior written approval, architectural plans and specifications certified by a licensed architect or engineer reasonably acceptable to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such AlterationsLandlord, and such other insurance documentation as Landlord shall reasonably request. Tenant agrees to contract directly with such approved contractors, subcontractors and mechanics. Tenant agrees to indemnify, defend, protect and hold Landlord, its agents, partners, officers, servants and employees forever harmless from and against all claims and liabilities of every kind, nature and description which may require, it being understood arise out of or in any way be connected with any such Work. Tenant shall pay the reasonable costs incurred by Landlord in reviewing plans and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant materials submitted to Article 10 of this Lease immediately upon completion thereofLandlord for approval. In addition, promptly after being billed therefor by Landlord, Tenant shall pay to Landlord maya supervisory fee equal to 5% of the cost of all Work. Landlord's review of the plans and materials submitted to Landlord as set forth in this Section 9.2, shall be for its sole purpose and shall not imply Landlord's review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any plans and materials submitted to Landlord are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in its discretionconnection therewith and shall not be responsible for any omissions or errors contained therein, and Tenant's waiver and indemnity set forth in Section 14 of this Lease shall specifically apply thereto. Tenant shall pay the cost of all such Work and the cost of repairing, decorating and altering the Premises and the Building occasioned by any such Work. In the event the cost of the Work exceeds Twenty- Five Thousand and No/100 ($25,000.00) Dollars, Landlord shall have the right, as a condition to approval, to require Tenant to obtain lien provide reasonable security to insure the payment of all costs of the Work. All alterations, improvements, additions and completion bond or some alternate form of security satisfactory installations to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf the Premises (including the initial Tenant Improvements constructed pursuant to the Work Letter), if any, shall become part of the Original Tenant or any assignee that is an Affiliate Premises at the time of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsinstallation.
Appears in 1 contract
Sources: Office Space Lease (Noosh Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord Landlord, the requirement that upon Landlord's request, (which approval shall not request must be unreasonably withheldmade, conditioned if at all, at the time of Landlord's consent to the Alteration), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building Lease Term. If such Alterations will involve the use of or Systems disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord's rules and Equipment (including designating specific contractors to perform regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable construction rules and regulations. LandlordIn the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "BASE BUILDING" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence if such Alterations are of payment, contractors' affidavits and full and final waivers of all liens a type for labor, services or materialswhich as-built plans are reasonably available.
Appears in 1 contract
Manner of Construction. Landlord may imposeshall have the exclusive right, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, includingat Landlord’s option, but not limited tothe obligation, the requirement upon Tenant’s request that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors work, to make the Alterations at Tenant’s sole cost and subcontractors agree expense. If Landlord elects to perform such work at competitive prices and make the Alterations pursuant to Tenant's reasonable scheduling requirements). the immediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and perform such repairs in conformance with any and Landlord shall hold all applicable rules and regulations construction contracts. Prior to the commencement of construction of any federalAlterations or repairs, stateTenant shall submit to Landlord, county or municipal code or ordinance for Landlord’s review and pursuant approval in its reasonable discretion, four (4) copies signed by Tenant of all plans, specifications and working drawings relating thereto. Tenant, at its sole cost and expense, shall retain an architect/space planner selected by Tenant, and reasonably approved by Landlord, to prepare such plans, specifications and working drawings; provided that, Tenant shall also retain the engineering consultants reasonably approved by Landlord to prepare all plans and engineering working drawings, if any, relating to the structural, mechanical, electrical, plumbing, HVAC, life safety and sprinkler work of the Alterations. Tenant shall be required to include in its contracts with the architect and the engineers a provision which requires ownership of all architectural and engineering drawings to be transferred to Tenant upon the substantial completion of the Alteration and Tenant hereby grants to Landlord a non-exclusive right to use such drawings, including, without limitation, a right to make copies thereof. Tenant shall cause each architect/space planner and engineer retained by Tenant to follow Landlord’s reasonable standard construction administration procedures and to utilize the standard specifications and details for the Building (unless otherwise approved by Landlord), all as promulgated by Landlord from time to time. Tenant and Tenant’s architect/space planner shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the “Base Building” plans, and Tenant and Tenant’s architect/space planner shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. In addition, at Landlord’s option, Landlord may submit Tenant’s plans, specifications and working drawings to a valid third-party architect and/or engineer, selected by Landlord, for their review, at Tenant’s sole cost and expense. Landlord’s review of plans, specifications and working drawings as set forth in this Section 8.2, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, compliance with applicable building permitcodes or other like matters. Accordingly, issued notwithstanding that any plans, specifications or working drawings are reviewed by the city in which the Real Property is locatedLandlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in conformance with Landlord's commercially reasonable construction rules connection therewith and regulations. Landlord's approval of shall not be responsible for any omissions or errors contained in the plans, specifications and working drawings for the Alterations, and Tenant's [***] Confidential portions ’s waiver and indemnity set forth in Section 10.1 of this document have been redacted Lease, below, shall specifically apply to the plans, specifications and filed separately with working drawings for the CommissionAlterations. Following Landlord’s approval in its reasonable discretion of all plans, specifications and working drawings for the Alterations, a contractor to construct the Alterations shall create no responsibility or liability on be selected by Tenant and reasonably approved by Landlord. Landlord shall provide to Tenant an itemized statement of costs, as set forth in the part proposed contract with such contractor Tenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such itemized statement of costs by Landlord, Landlord for their completenessshall be released by Tenant (i) to retain the contractor who submitted such itemized statement of costs, design sufficiencyand (ii) to purchase the items set forth in such itemized statement of costs and to commence the construction relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the contractor selected in accordance with this Section 8.2 to 811311.04/WLA 378421-00002/2-14-20/mem/mem -22- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ [Akero Therapeutics, Inc.] construct the Alterations, and Tenant hereby waives all claims against Landlord relating to, or compliance with all lawsarising out of the construction of, rules and regulations of governmental agencies or authoritiesthe Alterations. All work with respect to In the event Tenant requests any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Premises Base Building. As used in this Lease, the “Base Building” shall at all times be a complete unit except during mean the period of workBuilding Structure and the Building Systems. In performing the work of any such AlterationsAlterations for which Tenant is responsible, Tenant shall have the work performed in such manner so as not to unreasonably obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations in CAD format as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may imposeTenant shall utilize only competent contractors, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorssubcontractors, materials, mechanics and materialmen reasonably approved by Landlord (for the construction of any Alterations, which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, that Tenant shall be entitled to use its employees to make Alterations which do not affect the mechanical or structural portions of the Premises or the Building Structure so long as Tenant complies with all other provisions of this Article 8. Upon Landlord’s request (unless Landlord may impose waived, at the time of Landlord’s approval of any Alterations pursuant to the provisions of Section 8.5, below, its right to make such requirements as Landlord may determinerequest), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease. If such Alterations will involve the use of or disturb Hazardous Materials or substances existing in its sole the Premises, Tenant shall comply with Landlord’s rules and absolute discretionregulations concerning, and all Applicable Laws pertaining to, Hazardous Materials or substances with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Alterations. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, statecommonwealth, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Marlborough, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations, if any, provided to Tenant in writing prior to construction of such Alterations. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the Building Structure, and the public restrooms and the systems and equipment located in the internal core of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Building, the Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyBuilding or the Project, and so as not to obstruct the business of Landlord or other tenants in the Building or Project. Tenant shall not use (and promptly after notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of the Real Property, Initial Installations or interfere with any Alterations which affect the labor force working at the Real Property. If Tenant makes any AlterationsBuilding Systems and Building Structures, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of cause such Alterations, and such other insurance notices as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant necessary to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon evidence completion of any Alterations, work undertaken by Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Middlesex in accordance with Section 3093 the laws of the Civil Code Commonwealth of the State of California Massachusetts or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (3com Corp)
Manner of Construction. Landlord may imposeshall have the exclusive right, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, includingat Landlord's option, but not limited tothe obligation, to make the requirement that Tenant utilize for such purposes only contractors, materials, mechanics Alterations at Tenant's sole cost and materialmen approved by expense. If Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect elects to any work affecting make the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and Alterations pursuant to Tenant's reasonable scheduling requirements). the immediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and perform such repairs in conformance with any and Landlord shall hold all applicable rules and regulations construction contracts. Prior to the commencement of construction of any federalAlterations or repairs, stateTenant shall submit to Landlord, county or municipal code or ordinance for Landlord's review and pursuant approval in its reasonable discretion, four (4) copies signed by Tenant of all plans, specifications and working drawings relating thereto. Tenant, at its sole cost and expense, shall retain an architect/space planner from a list provided by Landlord, to prepare such plans, specifications and working drawings; provided that, Tenant shall also retain the engineering consultants from a list provided by Landlord to prepare all plans and engineering working drawings, if any, relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety and sprinkler work of the Alterations. Tenant shall be required to include in its contracts with the architect and the engineers a provision which requires ownership of all architectural and engineering drawings to be transferred to Tenant upon the substantial completion of the Alteration and Tenant hereby grants to Landlord a non-exclusive right to use such drawings, including, without limitation, a right to make copies thereof. Tenant shall cause each architect/space planner and engineer retained by Tenant to follow Landlord's standard construction administration procedures and to utilize the standard specifications and details for the Building, all as promulgated by Landlord from time to time. Tenant and Tenant's architect/space planner shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the "Base Building" plans, and Tenant and Tenant's architect/space planner shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. In addition, at Landlord's option, Landlord may submit Tenant's plans, specifications and working drawings to a valid building permitthird-party architect and/or engineer, issued selected by the city in which the Real Property is locatedLandlord, for their review, at Tenant's sole cost and in conformance with Landlord's commercially reasonable construction rules and regulationsexpense. Landlord's approval review of plans, specifications and working drawings as set forth in this Section 8.2, shall be for its sole purpose and shall not imply Landlord's review of the same, or obligate Landlord to review the same, for quality, design, compliance with applicable building codes or other like matters. Accordingly, notwithstanding that any plans, specifications or working drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the plans, specifications and working drawings for the Alterations, and Tenant's [***] Confidential waiver and indemnity set forth in Section 10.1 of this Lease, below, shall specifically apply to the plans, specifications and working drawings for the Alterations. Following Landlord's approval in its reasonable discretion of all plans, specifications and working drawings for the Alterations, a contractor to construct the Alterations shall be selected by Tenant from the list of contractors provided by Landlord. Landlord shall provide to Tenant an itemized statement of costs, as set forth in the proposed contract with such contractor (the "Alteration Contract"), which costs form a basis for the amount of the Alteration Contract (the "Alteration Contract Amount"). Tenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such itemized statement of costs by Landlord, Landlord shall be released by Tenant (i) to retain the contractor who submitted such itemized statement of costs, and (ii) to purchase the items set forth in such itemized statement of costs and to commence the construction relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the contractor selected in accordance with this Section 8.2 to construct the Alterations, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Alterations. In the event Tenant requests any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. As used in this Lease, the "Base Building" shall include the structural portions of this document have been redacted the Building, and filed separately with the Commission. Alterations shall create no responsibility or liability public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises are located. The term "Base Building," as used in this Lease, shall at all times not be a complete unit except during deemed to have the period same meaning as the term "Base, Shell and Core," as the same is defined in Section 1 of workthe Tenant Work Letter. In performing the work of any such AlterationsAlterations for which Tenant is responsible, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition, any Alteration that requires the use of Building risers, raceways, shafts and/or conduits, shall be subject to Landlord's reasonable rules, regulations, and restrictions, including the Real Propertyrequirement that any cabling vender must be selected from a list provided by Landlord, and that the amount and location of any such cabling must be approved by Landlord. All subcontractors, laborers, materialmen, and suppliers ("Tenant's Agents") used or interfere selected by Tenant shall be from a list supplied by Landlord. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager (i) a reproducible copy of the "as built" drawings of the Alterations (provided that in the event that "as built" drawings are not reasonably available, Tenant shall be permitted to provide a copy of the approved drawings for the Alterations, marked with field modifications), (ii) a computer disc containing the same (to the extent reasonably available), and (iii) deliver all permits, approvals and other documents issued by any governmental agency in connection with the Alterations. Notwithstanding anything set forth in this Article 8 to the contrary, construction of an Alteration shall not commence until (a) the Alteration Contract has been fully executed and delivered to Landlord, (b) Tenant has procured, and delivered to Landlord evidence of paymenta copy of, contractors' affidavits all applicable permits, and full and final waivers of all liens for labor, services or materials(c) Tenant has delivered to Landlord the "Alteration Amount," as that term is set fo1th in Section 8.3. below.
Appears in 1 contract
Manner of Construction. Landlord may imposeTenant shall have obtained Landlord's approval of all plans, as condition specifications, drawings, contractors and subcontractors prior to the commencement of its consent to all Alterations or repairs Tenant's construction of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Alterations; provided, however, a contractor of Landlord's selection shall perform all mechanical, electrical, plumbing, structural, and heating, ventilation and air conditioning work (but only if such Landlord may impose designated contractors are price competitive), and such requirements work shall be performed at Tenant's cost. Tenant agrees to carry "Builder's All Risk" insurance in a commercially reasonable amount covering the construction of such Alterations, and such other insurance as Landlord may determinerequire. Tenant shall pay to Landlord, in its sole as additional rent, the reasonable costs of Landlord's engineers and absolute discretionother consultants for review of all plans, with respect specifications and working drawings for the Alterations, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any work affecting Alterations, the structural components actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Building Alterations to the extent such services are provided in excess of or Systems after the normal on-site hours of such engineers and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)management personnel. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws and pursuant to a valid building permit, issued by the city in which the Real Property is locatedappropriate governmental authorities (if required), and in conformance with Landlord's commercially any reasonable construction rules and regulationsregulations imposed by Landlord and in a diligent, good and workmanlike manner. If such Alterations trigger a legal requirement upon Landlord to make any Alterations or improvements to the Building or Common Areas, Tenant shall, as Additional Rent, reimburse Landlord for the reasonable costs thereof (including third-party costs) incurred by Landlord within thirty (30) days following Tenant's receipt of a reasonably-detailed invoice describing such costs actually incurred by Landlord. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion (or equivalent) to be posted (if applicable) and recorded in the office of the Recorder of the county County in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteall applicable state statutes, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (INX Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such reasonable requirements as Landlord in its reasonable discretion may deem desirabledesirable (provided that the same shall in any event be consistent with the provisions of the Lease), including, but not limited to, the requirement that upon Landlord's request, made at the time such consent is granted, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and repair any damage to the Premises and/or the Building caused by such removal, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval Landlord. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall not be unreasonably withheld, conditioned comply with Landlord's rules and regulations concerning such hazardous materials or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)substances. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and and, if legally required, pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workmanner. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseBuilding. Upon completion of any Alterations, Tenant shall (i) agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with the terms of Section 3093 3 093 'of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited toany Alteration requiring Landlord’s consent, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree approved by Landlord, in Landlord’s reasonable discretion. With respect to perform Alterations not requiring Landlord’s consent, Tenant shall utilize only reputable and skilled contractors and subcontractors which are comparable to the contractors and subcontractors utilized by tenants at the Comparable Buildings. If such work at competitive prices Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s reasonable rules and pursuant to Tenant's reasonable scheduling requirements)regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedappropriate municipal agency, and all in conformance with Landlord's commercially ’s reasonable construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval of In the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted which are not customary general office tenant improvements which require or give rise to completion governmentally required changes to the end that Base Building, then Landlord shall, at Tenant’s expense, make such changes to the Premises shall at all times be a complete unit except during the period of workBase Building. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to unreasonably obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas (Tenant hereby acknowledging and agreeing that the foregoing shall be applicable in connection with the Tenant Improvements as well as any Alterations). If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (THQ Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such reasonable requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord. In any event, a contractor reasonably approved by Landlord (which approval shall not be unreasonably withheldperform all mechanical, conditioned or delayed); providedelectrical, howeverplumbing, Landlord may impose such requirements as Landlord may determinestructural, in its sole and absolute discretionheating, with respect to any work affecting the structural components of the Building or Systems ventilation and Equipment (including designating specific contractors to perform air conditioning work, and such work provided such contractors and subcontractors agree to perform such work shall be performed at competitive prices and pursuant to Tenant's reasonable scheduling requirements)’s cost. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If In the event that Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Nara Bancorp Inc)
Manner of Construction. Landlord Lessor may impose, as a condition of its ---------------------- consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord Lessor in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant upon Lessor's request, Lessee shall, at Lessee's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Lessee utilize for such purposes only contractors, materials, mechanics and materialmen management selected by Lessee and approved by Landlord Lessor (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord that Lessee shall utilize subcontractors approved by Lessor to perform all work that may impose such requirements as Landlord may determineaffect the Project systems and equipment, in its sole and absolute discretion, with respect to any work affecting the structural components aspects of the Building Project, the "Base, Shell and Core" (as defined in the Work Letter), or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)exterior appearance of the Project or Project Common Areas. Tenant Lessee shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, City of San Francisco and in conformance with LandlordLessor's commercially reasonable construction rules and regulations. LandlordAny Alterations shall be performed in conformance with plans, specifications and working drawings first approved by Lessor. Lessor's approval of the plans, specifications and working drawings for TenantLessee's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord Lessor for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant Lessee shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas Project for any other tenant lessee of the Real PropertyProject, and as not to obstruct the business of Landlord Lessor or other tenants of lessees in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant In the event that Lessee makes any Alterations, Tenant Lessee agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord Lessor covering the construction of such Alterations, and such other insurance as Landlord Lessor may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Lessee pursuant to Article 10 of this Lease 9 immediately upon completion thereof. In addition, Landlord Lessor may, in its discretion, require Tenant Lessee to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord Lessor in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord Lessor as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) Lessee agrees to cause a Notice of Completion to be recorded in the office Office of the Recorder of the county in which the Real Property is located City and County of San Francisco in accordance with Section section 3093 of the Civil Code of the State of California or any successor statute, (ii) statute and Lessee shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Plumtree Software Inc)
Manner of Construction. 8.2.1 Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, suppliers, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned conditioned, or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Building, Systems, Roof and/or Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, mechanical permit, electrical permit and all other permits (as applicable), issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental or quasi-governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct or materially impair access to the Building or Real Property or the common areas Common Areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord covering the construction and completion of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations the cost of which exceed $100,000 and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, (iii) deliver to Landlord a true and complete copy of the recorded Notice of Completion, and (iiiiv) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
8.2.2 Any Alterations that require any penetration of the Roof shall only be permitted to the extent permitted by the City of Alameda and all agencies and governmental authorities having jurisdiction thereof. The location and size of any roof-top equipment shall be subject to Landlord's approval, not to unreasonably withheld, and which best promotes the safety, aesthetics and efficiency of any roof-top equipment; provided, all of the roof-top equipment and any modifications thereto or placement thereof shall be (i) at Tenant's sole cost and expense, (ii) contained visually within the roof screen, (iii) installed and operated to Landlord's reasonable specifications, and (iv) installed, maintained, operated and removed in accordance with all Development Documents, Recorded Matters, Rules and Regulations, applicable Laws, and the provisions of Section 10 of this Lease. For purposes hereof, any such equipment shall be construed as part of the Tenant's Property and shall be removed by Tenant at the expiration or earlier termination of this Lease in accordance with the provisions of this Lease. All modifications to the Building, including the Roof, if any, shall be reasonably approved by Landlord prior to commencement of any work with respect to the Equipment. Tenant shall restore the Roof and any other portion of the Building affected by any roof-top equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty not caused directly or indirectly by Tenant, its agents, employees, contractors or the Equipment or any part thereof. Notwithstanding anything to the contrary contained herein, Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Roof or any roof-top equipment except together with the remainder of all of the Premises as more particularly set forth in Section 14. Each of the other provisions of this Lease shall be applicable to any roof-top equipment and the use of the Roof by Tenant, including without limitation, Sections 11 and 12 of this Lease. Any roof-top equipment shall comply with all rules and regulations of any agencies having jurisdiction thereof. In addition, Tenant shall be solely responsible for insuring any roof-top equipment, and Landlord shall have no responsibility therefor. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and the other Indemnitees from and against any and all claims, demands, liabilities, damages, judgments, losses, penalties, costs and expenses (including reasonable attorneys' fees) Landlord may suffer or incur arising out of or related to the installation, use, operation, maintenance, replacement and/or removal of any roof-top equipment or any portion thereof, including without limitation, the cost of repairs and replacements to the roof of the Building occasioned by the installation, maintenance, repairs and removal of any roof-top equipment.
Appears in 1 contract
Sources: Sublease Agreement (Biotime Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant, at Tenant's expense, remove such Alterations upon the expiration or earlier termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord, provided only that contractors, mechanics and materialmen selected by Landlord (which shall be reasonably competitive in price with any reputable and qualified contractor, mechanic or materialman selected by Tenant except that Tenant shall be permitted the selection of a reputable, licensed and insured general contractor with reasonable approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedappropriate municipal agency or department, and or other governmental agency thereof, in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseBuilding. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Landlord a reproducible copy of the "as built" drawings of said Alterations and a certificate of occupancy issued by the Alterationscity in which the Premises is located. Tenant agrees that it will not at any time prior to or during the Lease Term, and (iii) deliver to Landlord evidence either directly or indirectly, employ or permit the employment of paymentany contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would, in Landlord's reasonable opinion, create any difficulty, strike or jurisdictional dispute with other contractors' affidavits and full and final waivers of all liens for labor, services mechanics or materialslaborers.
Appears in 1 contract
Sources: Office Lease (CPS Systems Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord, and the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term. At the time Tenant requests Landlord’s consent to the construction or installation of any Alteration, Tenant may also request in writing whether Landlord will require all or portions of such Alteration to be removed by Tenant at the expiration or earlier termination of this Lease, and Landlord shall advise Tenant at the time it provides its consent (which approval shall if consent is granted by Landlord) whether all or any part of such Alteration must be removed, and Tenant will not be unreasonably withheld, conditioned or delayed); provided, however, required to remove such Alteration that Landlord may impose such requirements as Landlord may determine, has notified Tenant in its sole and absolute discretion, with respect writing does not have to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)be removed. Tenant shall construct such any Alterations and perform such all repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and located all in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans; provided, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completenesshowever, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect that prior to commencing to construct any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such AlterationsAlteration, Tenant shall have meet with Landlord to discuss Landlord’s design parameters and code compliance issues. In the work performed event Tenant performs any Alterations in such manner as not the Premises which require or give rise to obstruct access governmentally required changes to the Building Base Building, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or Real Property or the common areas for any other tenant of the Real Propertyequipment that, and as not to obstruct the business of Landlord or other tenants of the Real Propertyin Landlord’s reasonable judgment, or interfere would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyProject. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Manner of Construction. Landlord may imposeTenant shall utilize only competent contractors, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorssubcontractors, materials, mechanics and materialmen reasonably approved by Landlord (for the construction of any Alterations, which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, that Tenant shall be entitled to use its employees to make Alterations which do not affect the mechanical or structural portions of the Premises or the Building Structure so long as Tenant complies with all other provisions of this ARTICLE 8. Upon Landlord's request (unless Landlord may impose waived, at the time of Landlord's approval of any Alterations pursuant to the provisions of SECTION 8.5, below, its right to make such requirements as Landlord may determinerequest), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease. If such Alterations will involve the use of or disturb Hazardous Materials or substances existing in its sole the Premises, Tenant shall comply with Landlord's rules and absolute discretionregulations concerning, and all Applicable Laws pertaining to, Hazardous Materials or substances with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Alterations. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, statecommonwealth, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Marlborough, and in conformance with Landlord's commercially reasonable construction rules and regulations, if any, provided to Tenant in writing prior to construction of such Alterations. LandlordIn the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "BASE BUILDING" shall include the Building Structure, and the public restrooms and the systems and equipment located in the internal core of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and promptly after notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under ARTICLE 9 of this Lease, upon completion of any AlterationsAlterations which affect the Building Systems and Building Structures, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of cause such Alterations, and such other insurance notices as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant necessary to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon evidence completion of any Alterations, work undertaken by Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Middlesex in accordance with Section 3093 the laws of the Civil Code Commonwealth of the State of California Massachusetts or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (3com Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord Landlord, and the requirement that upon Landlord’s timely request (which approval shall not be unreasonably withheldas more particularly set forth in Section 8.5, conditioned below), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems Lease Term and Equipment (including designating specific contractors return the affected portion of the Premises to perform a Building-standard improved condition as determined by Landlord, provided that Landlord notified Tenant at time of approving such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Alterations that the removal will be required. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and California, all in conformance with Landlord's commercially reasonable ’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. Since all or a portion of the plansProject is or may become in the future certified under the LEED rating system (or other applicable certification standard) (all in Landlord’s sole and absolute discretion), specifications Tenant expressly acknowledges and working drawings agrees that without limitation as to other grounds for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect withholding its consent to any Alterations must be done proposed Alteration, Landlord shall have the right to withhold its consent to any proposed Alteration in good the event that such Alteration is not compatible with such certification or recertification of the Project under such LEED rating system (or other applicable certification standard). The “Base Building” shall mean the Building Structure and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workBuilding Systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding, the Project or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego, California in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible CAD copy of the "“as built" ” drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the PremisesAlterations, such requirements as Landlord Landlord, in its reasonable discretion sole discretion, may deem desirable, including, but not limited to, the requirement that upon ▇▇▇▇▇▇▇▇’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen (collectively, “contractors”), materials, space planners, architects and engineers reasonably approved by ▇▇▇▇▇▇▇▇. Tenant shall immediately cease using any contractor that Landlord (which approval shall determines is not be unreasonably withheldsuitable for the Project, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components whether because of quality of the Building work or Systems because of any potential or actual adverse impact of such contractor on the Project or on the labor relations between Landlord and Equipment any trade unions (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work picketing or otherwise disrupting tenants or operations at competitive prices and pursuant to Tenant's reasonable scheduling requirementsthe Project). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Project is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulationsregulations (as the same may be modified by Landlord from time to time and which shall be provided to Tenant upon Tenant’s request therefor). Landlord's approval All direct and indirect costs relating to any modifications, alterations or improvements of the plansProject or the Building, specifications whether outside or inside of the Premises, required by any governmental agency or by law as a condition or as the result of any Alteration requested or effected by Tenant shall be borne by ▇▇▇▇▇▇, and working drawings for in connection therewith, Landlord may elect to perform such modifications, alterations or improvements (at Tenant's [***] Confidential portions of this document have been redacted ’s sole cost and filed separately with the Commission. Alterations shall create no responsibility expense) or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesrequire such performance directly by Tenant. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant makes any shall pay to Landlord a percentage of the cost of such Alterations (not to exceed 5% of the so called “hard” costs of construction such Alterations) sufficient to compensate Landlord for all overhead, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the time spent reviewing and approving plans, specifications and construction of drawings, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all within thirty (30) days of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereofinvoice therefor. In additionaddition to Tenant’s obligations under Article 9, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon upon completion of any Alterations, Tenant shall (i) ▇▇▇▇▇▇ agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which County where the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Doma Holdings, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord. Notwithstanding the foregoing, in the event such Alterations or repairs (i) affect the exterior of the Building, (ii) affect the structure of the Building, or the systems and equipment of the Building, or (iii) may interfere with Building services or the use of the Building or Project by other tenants or occupants, then Landlord (which may condition its approval in Landlord’s sole discretion. Prior to the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s expense, remove any Alteration designated by Landlord for removal by notice to Tenant prior to the expiration or earlier termination of this Lease, and shall not be unreasonably withheld, conditioned repair any damage to the Premises or delayed)the Building caused by such removal; provided, however, in the event that in Tenant’s request for approval of such Alterations or the “Final Working Drawings” for the “Tenant Improvements,” as those terms are defined in the Tenant Work Letter, attached hereto as Exhibit B, constructed pursuant to the terms of the Tenant Work Letter, as the case may be, Tenant requests a determination by Landlord may impose (the “Designation Notice”) as to whether or not Tenant shall be required to remove such requirements as Landlord may determineAlteration or Tenant Improvements upon the expiration or earlier termination of the Lease, in accordance with the terms hereof, then Landlord shall include in its sole consent (if granted) notice as to whether such Alteration or Tenant Improvements shall be required to be removed prior to the expiration or earlier termination of this Lease, and absolute discretioncorresponding repairs made. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with respect to any work affecting the structural components of the Building Landlord’s rules and regulations concerning such hazardous materials or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Francisco, and all in conformance with Landlord's commercially reasonable L▇▇▇▇▇▇▇’s construction rules and regulations. Landlord's approval In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Francisco in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations (to the extent such Alterations are of the type and scope for which such plans are typically prepared) as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (LoopNet, Inc.)
Manner of Construction. Prior to starting any work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may imposedesignate specific contractors with respect to Building Systems); copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord; and any security for performance that is reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Tenant shall utilize only competent contractors, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorssubcontractors, materials, mechanics and materialmen reasonably approved by Landlord (for the construction of any Alterations, which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs (a) at Tenant’s sole cost; (b) in conformance accordance with any plans and specifications approved by Landlord, the terms of this Lease, all applicable Laws and Landlord’s construction rules and regulations regulations; (c) without interference with the operation of any federalLandlord or other occupants of the Building; and (d) in a good and workmanlike manner, state, county or municipal code or ordinance using quality materials and pursuant to a valid building permit, issued by the city City of Rolling ▇▇▇▇▇▇▇. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the Real Property is locatedBase Building, then Landlord shall, or, at Landlord’s option, Tenant shall, in either case at Tenant’s expense, make such changes to the Base Building and Tenant shall reimburse Landlord as Additional Rent, upon demand, for such expense. In the event Tenant must perform any Alterations in conformance with another tenant’s premises or in the event Tenant must perform any Alterations that require access to another tenant’s premises, then Landlord shall, or, at Landlord's commercially reasonable construction rules ’s option, Tenant shall, in either case at Tenant’s expense, either perform such Alterations in such other tenant’s premises or access such other tenant’s premises, as necessary, to perform such Alterations and regulationsTenant shall reimburse Landlord as Additional Rent, upon demand, for such expense. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the CommissionTenant shall use good faith efforts to avoid any action which would cause any Labor Dispute. Alterations shall create no responsibility If any action or liability inaction on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be Tenant Related Party causes a complete unit except during the period of work. In performing the work of any such AlterationsLabor Dispute, Tenant shall have take any actions necessary to resolve such Labor Dispute, including without limitation having any pickets removed and, at the request of Landlord, terminating any work being performed in the Premises giving rise to such manner Labor Dispute, until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld), and Tenant shall have no Claim for damages of any nature against any of the Landlord Related Parties in connection therewith, nor shall the Lease Commencement Date be extended as a result thereof. In addition to obstruct access to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations which affect the Building Systems or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any AlterationsBuilding Structure, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of cause such Alterations, and such other insurance notices as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant necessary to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon evidence completion of any Alterations, work undertaken by Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located Cook County of in accordance with Section 3093 of the Civil Code Laws of the State of California or any successor statuteIllinois, (ii) and Tenant shall deliver to the Property management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, all permits, approvals and (iii) deliver to Landlord evidence of paymentother documents issued by any governmental agency in connection with the Alterations, contractors' affidavits and ▇▇▇▇▇▇’s affidavit, completion affidavits, contractor’s sworn statements, full and final waivers of lien and receipted bills covering all liens for labor, services labor and materials and any other documentation required by any Mortgagee or materialsLandlord’s title insurance company.
Appears in 1 contract
Sources: Office Lease (Cambium Networks Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term. Landlord (which approval agrees that if at the time that Tenant requests Landlord’s consent to an Alteration, Tenant also requests in writing confirmation as to whether or not Landlord will require the same to be removed upon the expiration or earlier termination of this Lease, and Landlord fails to notify Tenant that the Alteration must be removed at the time of Landlord’s consent to the same, then Tenant shall not be unreasonably withheld, conditioned obligated to remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components earlier termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)this Lease. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and located all in conformance with Landlord's commercially reasonable construction rules and regulations. ; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord's approval design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workBuilding. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder recorder of the county in which the Real Property Building is located in accordance with Section 3093 8182 of the California Civil Code of the State of California or any successor statutestatute and furnish a copy thereof to Landlord upon recordation, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (Bloom Energy Corp)
Manner of Construction. Landlord may impose, as a condition of its prior consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term (such items to be removed by Tenant shall be determined by Landlord concurrent with its prior consent to the Alterations), and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees In addition to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to obligations under Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 9 of this Lease. Upon , upon completion of any Alterations, Tenant shall (i) ▇▇▇▇▇▇ agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) if required, and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (SGX Pharmaceuticals, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretiongood faith business judgement, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Real Property Project is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. In the event that any proposed Alterations trigger the need for repairs, maintenance, improvements or alterations outside of the Premises for any reason, Tenant shall be solely responsible for the performance of all such work at Tenant's sole cost and expense. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Project or the common areas Common Areas for any other tenant of the Real PropertyProject, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its reasonably discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Project a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Vivus Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to co any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Ensign Group, Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics contractors and materialmen materials approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permitpermit (a copy of which shall be delivered to Landlord), issued by the city in which the Real Property is locatedappropriate governmental authorities, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workcompletion. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseBuilding. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the County Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Landlord a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Central Coast Bancorp)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such reasonable requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractorscontractor, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided as long as Landlord shall cause any such designated contractors and subcontractors agree to perform such work at charge competitive prices and pursuant to Tenant's reasonable scheduling requirementsfor their work). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Laws and pursuant to a valid building permit, if required, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable and non-discriminatory construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all lawsapplicable Laws. Landlord shall approve or disapprove plans, rules specifications and regulations working drawings (including revisions thereof) submitted by Tenant to Landlord within seven (7) business days after Landlord's receipt thereof. In the event Landlord disapproves of governmental agencies any such plans, specifications and working drawings, Landlord shall state in writing in reasonable detail the reasons therefor, and the revisions which if made would cause Landlord to approve such plans, specifications and working drawings. In the event that Landlord does not approve or authoritiesdisapprove any such plans, specifications and working drawings within such seven (7) business day period as required herein with respect to any plans, specifications and working drawings for Tenant's Alterations to be installed for Tenant's initial occupancy of the Must-Take Space, the Machine Shop Space and/or any First Offer Space leased by Tenant pursuant to Sections 1.4, 1.5 and/or 1.6 hereof, and such failure should continue for an additional two (2) business days after Landlord's receipt of notice of such failure from Tenant, such failure shall be deemed a "Landlord Delay," and the ninety (90) day time period specified in Sections 1.4.6,1.5.5 or 1.6.6 above, as applicable, shall be extended one (1) day for each day after such two (2) business day period that Landlord continues to so fail to notify Tenant of its approval or disapproval of such plans, specifications and working drawings. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry carry, or to cause its contractor performing the Alterations to carry, "Builder's All Risk" insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, and but in no event shall such other amount of "Builder's All Risk" insurance as Landlord may requirebe in excess of that required by landlords of Comparable Buildings under similar circumstances, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, with respect to any Alterations which cost more than $50,000.00, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond the foregoing bonding or alternate form security requirement shall not apply if at the time Tenant commences installation of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original such Alterations, Tenant's entire interest net shareholder equity exceeds $25,000,000, as evidenced by the Financial Documents described in this Lease pursuant Section 1.6.3 above and delivered to Section 14.7 Landlord prior to Tenant's commencement of this Leasesuch Alterations. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in -20- the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Websense Inc)
Manner of Construction. Landlord may imposeshall have the exclusive right, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, includingat Landlord's option, but not limited tothe obligation, to make the requirement that Tenant utilize for such purposes only contractors, materials, mechanics Alterations at Tenant's sole cost and materialmen approved by expense. If Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect elects to any work affecting make the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and Alterations pursuant to Tenant's reasonable scheduling requirements). the immediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and perform such repairs in conformance with any and Landlord shall hold all applicable rules and regulations construction contracts. Prior to the commencement of construction of any federalAlterations or repairs, stateTenant shall submit to Landlord, county or municipal code or ordinance for Landlord's review and pursuant approval in its reasonable discretion, four (4) copies signed by Tenant of all plans, specifications and working drawings relating thereto. Tenant, at its sole cost and expense, shall retain an architect/space planner selected by ▇▇▇▇▇▇, and reasonably approved by Landlord, to prepare such plans, specifications and working drawings; provided that, Tenant shall also retain the engineering consultants from a list provided by Landlord to prepare all plans and engineering working drawings, if any, relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety and sprinkler work of the Alterations. Tenant shall be required to include in its contracts with the architect and the engineers a provision which requires ownership of all architectural and engineering drawings to be transferred to Tenant upon the substantial completion of the Alteration and Tenant hereby grants to Landlord a non-exclusive right to use such drawings, including, without limitation, a right to make copies thereof. Tenant shall cause each architect/space planner and engineer retained by Tenant to follow ▇▇▇▇▇▇▇▇'s standard construction administration procedures and to utilize the standard specifications and details for the Building, all as promulgated by Landlord from time to time. Tenant and ▇▇▇▇▇▇'s architect/space planner shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the "Base Building" plans, and Tenant and Tenant's architect/space planner shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. In addition, at ▇▇▇▇▇▇▇▇'s option, Landlord may submit ▇▇▇▇▇▇'s plans, specifications and working drawings to a valid third-party architect and/or engineer, selected by Landlord, for their review, at ▇▇▇▇▇▇'s sole cost and expense. ▇▇▇▇▇▇▇▇'s review of plans, specifications and working drawings as set forth in this Section 8.2, shall be for its sole purpose and shall not imply Landlord's review of the same, or obligate Landlord to review the same, for quality, design, compliance with applicable building permitcodes or other like matters. Accordingly, issued notwithstanding that any plans, specifications or working drawings are reviewed by the city in which the Real Property is locatedLandlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or ▇▇▇▇▇▇▇▇'s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in conformance with Landlord's commercially reasonable construction rules connection therewith and regulations. Landlord's approval of shall not be responsible for any omissions or errors contained in the plans, specifications and working drawings for the Alterations, and ▇▇▇▇▇▇'s waiver and indemnity set forth in Section 10.1 of this Lease, below, shall specifically apply to the plans, specifications and working drawings for the Alterations. Following Landlord's approval in its reasonable discretion of all plans, specifications and working drawings for the Alterations, a contractor to construct the Alterations shall be selected by Tenant from the list of contractors approved by Landlord. Landlord shall provide to Tenant an itemized statement of costs, as set forth in the proposed contract with such contractor. Tenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such itemized statement of costs by Landlord, Landlord shall be released by ▇▇▇▇▇▇ (i) to retain the contractor who submitted such itemized statement of costs, and (ii) to purchase the items set forth in such itemized statement of costs and to commence the construction relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the contractor selected in accordance with this Section 8.2 to construct the Alterations, and Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of, the Alterations. In the event Tenant requests any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's [***] Confidential expense, make such changes to the Base Building. As used in this Lease, the "Base Building" shall include the structural portions of this document have been redacted the Building, and filed separately with the Commission. Alterations shall create no responsibility or liability public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises are located. The term "Base Building," as used in this Lease, shall at all times not be a complete unit except during deemed to have the period same meaning as the term "Base, Shell and Core," as the same is defined in Section 1 of workthe Tenant Work Letter. In performing the work of any such Alterations (including Cosmetic Alterations) for which Tenant is responsible, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. With respect to any such Alterations (including Cosmetic Alterations), Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county County in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations in CAD format as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term (upon Tenant’s request, Landlord shall specify, at the time of its consent, which Alteration, if any, must be removed upon expiration or early termination of the Lease Term), and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided work). Landlord may also require, as a condition to its consent to any Alterations, that any architect retained by Tenant in connection with such contractors Alterations be certified as a Certified Access Specialist (CASp), and subcontractors agree to perform that following the completion of such work at competitive prices and Alterations, such architect shall certify the Premises as meeting all applicable construction-related accessibility standards pursuant to Tenant's reasonable scheduling requirements)California Civil Code Section 55.53. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance ordinance, including, without limitation, Title III of the ADA (as defined in Article 22 of this Lease), and pursuant to a valid building permit, issued by the city in which the Real Property is located, and City of San Diego in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Building Complex or the common areas for by any other tenant of the Real PropertyBuilding Complex, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding Complex, or interfere with the labor force working at in the Real PropertyBuilding Complex. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located San Diego County in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building Complex management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner in compliance with all applicable laws and with Landlord's construction rules and regulations, and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate alternative form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (E Greetings Network)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant utilize for shall, at Tenant’s expense, remove such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned Alterations upon the expiration or delayed)any early termination of the Lease Term; provided, however, that Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect not require Tenant to any work affecting remove at the structural components expiration or early termination of the Building Lease Term any Tenant Improvements shown in the approved Landlord’s Final Working Drawings or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)any Alterations consistent with the improvements shown in the approved Landlord’s Final Working Drawings or any Alternations which are otherwise consistent with the typical tenant improvements in the biotechnology or pharmaceutical industries. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property Building is locatedlocated (or other applicable governmental authority). Tenant shall not use (and upon notice from Landlord shall cease using) contractors, and services, workmen, labor, materials or equipment that, in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of the plansjudgment, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately would disturb labor harmony with the Commissionworkforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. Alterations shall create no responsibility or liability on the part Upon completion of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good (or repairs), Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of materialmen who performed such work. In performing the work addition to Tenant’s obligations under Article 9 of any such Alterationsthis Lease, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant upon completion of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Mateo in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (Aligos Therapeutics, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved selected by Tenant and reasonably app1·oved by Landlord, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early ter1nination of the Lease Te1·1n, provided Landlord shall have notified Tenant at the time of Landlord's consent to the Alteration that such Alteration was subject to such removal requirement and that any Alterations designated for removal by Landlord (which approval shall not be unreasonably withheldatypical for Comparable Buildings or generally unusable by typical office tenants. As long as the improvements installed in the Premises for Tenant's initial occupancy are typical for Comparable Buildings or generally usable by typical office tenants, conditioned no such improvements shall be required to be removed upon expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components earlier ter111i11ation of the Building Lease. If Alte1·ations will involve the use of or Systems disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord's rules and Equipment (including designating specific contractors to perform regulations concerning such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)hazardous materials or substances. Tenant shall construct such all Alterations and perform perfor1n such repairs in conformance a good and workmanlike manner, in confom1ance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permitpennit, issued by the city in which the Real Property City of Los Angeles (if such per1nit is locatedrequired), and all in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of In the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises after the Comme11cement Date which require or give rise to completion governmentally required changes to the end ''Base Building," as that the Premises shall te1·m is defined below, then Landlord shall, at all times be a complete unit except during the period of work. In performing the work of any Tena11t's expense, make such Alterations, Tenant shall have the work performed in such manner as not to obstruct access changes to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real PropertyBase Building. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations The ''Base Buildil[]lg'' shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.include
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its ---------------------- consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord (which approval Landlord. In any event, a contractor of Landlord's selection shall not be unreasonably withheldperform all mechanical, conditioned or delayed); providedelectrical, howeverplumbing, Landlord may impose such requirements as Landlord may determinestructural, in its sole and absolute discretionheating, with respect to any work affecting the structural components of the Building or Systems ventilation and Equipment (including designating specific contractors to perform air conditioning work, and such work provided such contractors and subcontractors agree to perform such work shall be performed at competitive prices and pursuant to Tenant's reasonable scheduling requirements)cost. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Tier Technologies Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, and the requirement that upon Landlord's request (unless Landlord (which waived, at the time of Landlord's approval shall not be unreasonably withheldof any Alterations pursuant to the provisions of Section 8.5, conditioned below, its right to make such request), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems Lease Term and Equipment (including designating specific contractors return the affected portion of the Premises to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)a building standard tenant improved condition as determined by Landlord. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable construction rules and regulations. ; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord's approval design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms, exit stairwells and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workBuilding. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access or otherwise interfere with Landlord's ability to perform its obligations under the terms and conditions of this Lease. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or Real Property or the common areas for any other tenant areas. In addition to Tenant's obligations under Article 9 of the Real Propertythis Lease, and as not to obstruct the business upon completion of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Sources: Office Lease (Anacomp Inc)
Manner of Construction. Landlord may impose, as a condition of its ---------------------- consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and reasonably approved by Landlord (which approval Landlord, and the requirement that all Alterations conform in terms of quality and style to the building's standards established by Landlord. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall not be unreasonably withheld, conditioned comply with Landlord's rules and regulations concerning such hazardous materials or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Santa ▇▇▇▇▇, and all in conformance with Landlord's commercially reasonable construction rules and regulations. LandlordIn the event Tenant performs any Alterations, for non-general office use, in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Santa ▇▇▇▇▇ in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Extreme Networks Inc)
Manner of Construction. Any time Tenant proposes to make an Alteration which requires the consent of Landlord, Landlord may impose, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such impose commercially reasonable requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request made at the time such consent is granted, Tenant shall, utilize for such purposes only contractorscontractors (with Swinerton, BCCI Construction, ▇▇▇▇▇▇ Construction, ▇▇▇▇▇▇ Building Corporation and Turelk Construction being deemed approved), materials, mechanics and materialmen reasonably approved by Landlord (which approval Landlord, or provide that Tenant shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components utilize an available contractor of the Building or Systems and Equipment (including designating specific contractors Landlord’s selection to perform all work for Alterations that constitute a Design Problem (provided that Landlord shall cause such contractor to charge Tenant for such work provided such an amount equal to the costs that comparable first-class, reputable, and reliable contractors and subcontractors agree to perform such work at competitive prices and would have charged Tenant if selected pursuant to Tenant's reasonable scheduling requirementscompetitive bidding procedures). Landlord hereby approves the following vendors:
a. Architect(s) – Interior Architects and Gensler Architects
b. MEP Engineer – Building Networks Group
c. Security Integrator(s) - Securitas and IES
d. Audio Visual Integrators – Compview and IVCI
e. Hygienist - CSC
f. Furniture – RDI / Knoll
g. Office Fronts – Steel Case
h. Flooring - ▇▇▇▇ Tenant shall construct such all Alterations and perform such any repairs undertaken by Tenant in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Laws and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all lawsLaws, rules and regulations but, subject to Tenant’s obligation to carry out all Alteration work in compliance with the provisions of governmental agencies or authoritiesthis Article 8, shall constitute Landlord’s approval of such Alteration. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any AlterationsAlterations requiring a building permit and costing in excess of $75,000, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 Sections 8180-8190 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible an electronic copy of the "as built" record set of drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Manner of Construction. Landlord may impose, as condition of its consent to all Tenant shall build Alterations or repairs of entirely within the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations, using only contractors and subcontractors approved in writing by Landlord. Landlord's approval Any alterations affecting the Building Systems, the structural integrity of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of systems to be maintained by Landlord for their completeness, design sufficiencypursuant to Section 12.2, or compliance with all laws, rules and regulations the exterior appearance of governmental agencies or authoritiesthe Building shall be performed only by a contractor designated by Landlord to perform the work. All work with respect relating to any Alterations must shall be done in a good and workmanlike manner and manner, using new materials equivalent in quality to those used in the construction of the initial improvements to the Premises. All work shall be diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workcompletion. In performing the work of any such Alterations, Tenant shall have the ensure that all work is performed in such a manner as that does not to obstruct access to or through the Building or Real Property or the its common areas for and that does not interfere either with other tenants' use of their premises or with any other tenant of work being undertaken in the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real PropertyBuilding. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that shall take all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient measures necessary to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that labor peace is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Leasemaintained at all times. Upon Within twenty (20) days after completion of any Alterations, Tenant shall deliver to Landlord (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" record drawings of Alterations as built made on a 4 mil polyester-based permanent mylar or approved equal (or at Landlord's request, Auto CAD Disk File "As-Builts"), (ii) a statement setting forth in reasonable detail the Alterationscost of construction of the Alterations (but excluding signs, furniture, trade fixtures, office equipment and items of a like nature), (iii) deliver a certificate of occupancy or completion (if necessary) and (iv) an assignment of the guaranty or guarantees received by Tenant pertaining to any portion of the Alterations which Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsshall be required to maintain and/or repair pursuant to Section 12.2 hereof.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned and the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and all in conformance with Landlord's commercially reasonable construction rules and regulations. LandlordIf Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the plansBuilding, specifications and working drawings for Tenant's [***] Confidential portions the public restrooms and the systems and equipment located in the internal core of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the California Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such reasonable requirements as Landlord consistent with the requirements of landlords of Comparable Buildings (provided that the same shall in its reasonable discretion may deem desirable, including, but not limited to, any event be consistent with the requirement that terms and conditions of this Lease). Tenant utilize shall construct such Alterations and perform such repairs: (i) utilizing for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned or delayed); provided, however, except that Landlord may impose such requirements as Landlord may determine, in its sole designate the contractors and absolute discretion, with respect subcontractors to any perform all work affecting the structural components of the Building or the Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors are unrelated to Landlord and agree to perform such work at competitive prices in the market where the Premises are located and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs are reasonably available; (ii) in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, of Los Angeles; and (iii) in conformance with Landlord's commercially reasonable ’s reasonable, non-discriminatory construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end so that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to unreasonably obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and so as not to obstruct the business of Landlord or other tenants of in the Real Property, or interfere with the labor force working at on the Real Property. If In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder's All “Installation Risk" ” insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, with respect to any Alterations to be made in the Building which cost in excess of $300,000.00, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or bond, or, at Tenant’s option, some alternate form of security reasonably satisfactory to Landlord Landlord, in an amount reasonably sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of for the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations. In the event Tenant fails to so record the Notice of Completion as required pursuant to this Section 8.2, then such failure shall not, in and of itself, constitute a default hereunder but Tenant shall indemnify, defend, protect and hold harmless Landlord and the Landlord Parties from any and all loss, cost, damage, expense and liability (iiiincluding, without limitation, court costs and reasonable attorneys’ fees) deliver in connection with such failure by Tenant to Landlord evidence so record the Notice of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsCompletion as required hereunder.
Appears in 1 contract
Sources: Office Lease (United Online Inc)
Manner of Construction. Landlord may impose, as a condition of its to Tenant's right to perform any Alterations for which Landlord's prior consent to all Alterations or repairs of the Premises or about the Premisesis required, such requirements as Landlord in its reasonable discretion consistent with landlords of Comparable Buildings may deem desirable, including, but not limited to, (i) the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and reasonably approved by Landlord Landlord, (which approval shall not be unreasonably withheld, conditioned ii) that Tenant enter into a construction contract that includes Landlord's then-standard commercially reasonable construction rider (or delayed); provided, however, Landlord may impose such requirements other construction rider as Landlord may determinereasonably require), which rider shall include, among other things, Landlord's commercially reasonable insurance and indemnity requirements, and (iii) any Cabling (including riser cables) installed by Tenant shall be (x) appropriately insulated to prevent excessive electromagnetic fields or radiation, (y) surrounded by a protective conduit reasonably acceptable to Landlord, and (z) identified in its sole accordance with Landlord's Building standard requirements. Tenant shall be solely responsible for acquiring a permit for all Alterations, furnishing of a copy of such permit and absolute discretion, with respect approvals to any work affecting Landlord prior to the structural components commencement of the Building work, and complying with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or Systems disturb Hazardous Materials, Tenant shall notify Landlord prior to performing such Alterations and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenantcomply with Landlord's reasonable scheduling requirements)non-discriminatory rules and regulations concerning such Hazardous Materials. Tenant shall construct such all Alterations in a good and perform such repairs workmanlike manner, in conformance with any and all applicable rules Applicable Laws and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable written construction rules and regulations. Landlord; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss ▇▇▇▇▇▇▇▇'s approval of the plans, specifications design parameters and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or Code compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workissues. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall retain any union trades to the extent designated by Landlord. Further, Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees In addition to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to obligations under Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 9 of this Lease. Upon , upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute. Tenant shall, promptly following the completion of any Alterations (including any Cosmetic Alterations), compile and deliver to Landlord a "close-out package" in such format designated by Landlord (e.g., paper and/or electronic files) containing, without limitation, the following items (to the extent deemed necessary by Landlord for the particular Alterations): (a) as-built drawings and final record CAD drawings, (iib) deliver warranties and guarantees from all contractors, subcontractors and material suppliers, (c) all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, (d) an independent air balance report, if required due to the management office of the Real Property a reproducible copy of the "as built" drawings nature of the Alterations, (e) lien releases for all work performed at the Project, and (iiif) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services such other information or materialsmaterials as may be reasonably requested by Landlord.
Appears in 1 contract
Sources: Office Lease (Reddit, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord▇▇▇▇▇▇▇▇'s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant may choose its own contractors to perform such Alterations subject to Landlord’s reasonable approval thereof. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the any "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Pc Mall Inc)
Manner of Construction. Where Landlord’s consent is required, Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant utilize for shall, at Tenant’s expense, remove such purposes only contractorsAlterations upon the expiration or any early termination of the Lease Term (provided that Tenant shall not be required to remove any permanent Alterations such as flooring or partitions, materials, mechanics and materialmen if approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements in writing as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building date on which Landlord provides its initial consent), and the requirement that all Alterations conform in terms of quality and style to the building’s standards established by Landlord. If such Alterations will involve the use of or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). disturb hazardous materials or substances existing in the Premises, Tenant shall construct such Alterations and perform such repairs in conformance comply with any and all applicable Landlord’s rules and regulations of any federal, state, county concerning such hazardous materials or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulationssubstances. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of governmental agencies or authoritiesIrvine, all in conformance with Landlord’s construction rules and regulations and the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord (or Landlord’s property manager) shall, at Tenant’s expense, make such changes to the Premises Base Building. The “Base Building” shall at all times be a complete unit except during mean the period of workBuilding Structure and the Building Systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas and in that respect, Landlord shall have the right, in connection with the construction of any Alterations and/or any tenant improvements constructed in the Premises pursuant to the terms of the Real PropertyTenant Work Letter, or interfere to require that all carpentry subcontractors, laborers, materialmen, and suppliers retained directly by Tenant and/or Landlord (unless Landlord elects otherwise) be union labor in compliance with the then existing master labor force working at agreements. (As of the Real Property. If Tenant makes date of this Lease, only carpentry work requires union labor.) In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Orange in accordance with Section 3093 of the California Civil Code of the State of California or any successor statutestatute and furnish a copy thereof to Landlord upon recordation, and timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute (ii) failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose), and for any structural Alterations (to the extent permitted by Landlord), Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations. Except as may be expressly set forth herein, and (iii) deliver Tenant shall not be responsible for any Landlord supervisory fees or similar such fees or charges related to Landlord evidence any of paymentTenant’s improvements, contractors' affidavits and full and final waivers of all liens for laboralterations, services or materialsrepairs and/or maintenance to the Premises.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its ---------------------- consent to all unique Alterations or repairs of the Premises the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or about any early termination of the PremisesLease Term, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord. Landlord may impose such requirements as Landlord may determinealso require Tenant, in its sole and absolute discretion, with respect to any work affecting at the structural components expiration or early termination of the Building or Systems and Equipment (including designating specific contractors Lease Term, to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenantremove Tenant Improvements made without Landlord's reasonable scheduling requirements)consent. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of applicable governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to unreasonably obstruct access to the Building or Real Property Buildings, the Project, or the common areas Common Areas for any other tenant of the Real PropertyProject, and as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyBuildings and/or the Project, or unreasonably interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseProject. Upon completion of any Alterations, Tenant shall (i) agrees to cause a timely Notice of Completion to be recorded in the office of the County Recorder of the county in which the Real Property is located in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute. CREEKSIDE PLAZA xi TriNet Employer Group, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.Inc.
Appears in 1 contract
Sources: Office Lease (Trinet Group Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant provide Landlord with detailed plans and specifications and an estimated budget for the proposed Alteration and that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, with respect to any Alterations to be made in the Building which cost in excess of $100,000.00, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or bond, or, at Tenant’s option, some alternate form of security reasonably satisfactory to Landlord Landlord, in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease Agreement (Zendesk, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable; provided, includinghowever, such requirement shall at a minimum include, but not limited to, the following: (i) the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, (ii) the requirement that upon Landlord's request made at the time such consent is granted, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term and return the affected portion of the Premises to the condition existing immediately following the installation of the Tenant Improvements; (iii) the requirement that a copy of Tenant's contract(s) with its contractors be delivered to Landlord prior to the commencement of any such construction (which approval contracts shall not state that all change orders must be unreasonably withheldapproved, conditioned or delayedin writing, by Landlord prior to implementation); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole (iv) Landlord's review and absolute discretion, with respect to any work affecting the structural components approval of the Building final budget (contractor's cost proposal) for such Alterations or Systems repairs; and Equipment (including designating specific contractors v) the requirement that Tenant shall meet with Landlord, prior to perform such work provided such contractors the commencement of any construction, to discuss Landlord's design parameters and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)code compliance issues. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and all in conformance with Landlord's commercially reasonable construction rules and regulations. LandlordIn the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's approval expense, make such changes to the Base Building. The "Base Building" shall consist of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workBuilding Structure. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Sources: Office Lease (Farville Inc)
Manner of Construction. a. Landlord may impose, as condition represents and covenants that ▇▇▇▇▇▇▇▇’s Work to prepare the Leased Premises for occupancy in accordance with the terms of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord this Lease will be prosecuted with due diligence and continuity in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics a good and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determineworkmanlike manner, in its sole and absolute discretion, accordance with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the final architectural plans, specifications and engineered working drawings for Tenant's [***] Confidential portions the construction prepared by Landlord at Landlord’s sole cost and expense and approved by Tenant and Landlord in their reasonable discretion, in accordance with the Phase 1 Work Letter and the Phase 2 Work Letter, and in accordance with the appropriate town or village building code for which a permit and necessary Certificate of Occupancy and/or Use shall be delivered to the Tenant upon the commencement of occupancy. Landlord further represents and covenants that the construction, reconstruction, renovation shall be, and that the Building and the Leased Premises shall be, on the Lease Term Commencement Date and throughout the Term of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completenessLease, design sufficiency, or in compliance with all applicable zoning, building, environmental, health, safety, fire and other applicable laws, rules codes and regulations regulations, including, without limitation, the Americans with Disability Act, and that, upon Substantial Completion of Landlord’s Work, the Premises may lawfully be occupied and used for the Permitted Use. Landlord shall obtain all governmental agencies permits, licenses and authorizations required for the construction of Landlord’s Work. Landlord shall procure, at its sole expense, a certificate of occupancy and any other governmental approvals and permits in connection with the Leased Premises and ▇▇▇▇▇▇▇▇’s Work.
b. Landlord agrees to procure and maintain, throughout the term of construction of Landlord’s Work and until Substantial Completion, insurance in the amounts and types specified in 1) – 4) below. The below mentioned insurance requirements to pass to all contractors and subcontractors that may be involved in the construction of Landlord’s Work. Furthermore, Landlord hereby indemnifies, holds harmless and defends Tenant, ▇▇▇▇▇▇’s beneficiaries, employees, members and agents and their respective successors and assigns from all injury, loss, claims or authorities. All work with respect damage to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion person or property to the end that extent caused by the Premises shall at all times be a complete unit except during the period negligent acts or omissions or willful misconduct of work. In performing the work of any such AlterationsLandlord, Tenant shall have the work performed its officers, agents, servants invitees, contractors, licensees or employees in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere connection with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance Landlord’s Work.
1) Builders Risk Policy in an amount approved by Landlord covering not less than the construction cost of such Alterations, the Building that will remain in force until the Building is substantially completed and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord occupied,
2) Commercial General Liability in an amount sufficient to ensure the liennot less than Two Million (2,000,000.00) Dollars combined single limit per occurrence,
3) Automobile Liability Insurance or hired or non-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is owned coverage in an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.amount not less than one million dollars per occurrence,
Appears in 1 contract
Sources: Lease Agreement
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord Landlord, and the requirement that upon Landlord's timely request (which approval shall not be unreasonably withheldas more particularly set forth in Section 8.5, conditioned below), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed)any early termination of the Lease Term and return the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord; provided, however, that Tenant shall only be required to remove non-general office use Alterations, and only to the extent Landlord may impose provides Tenant with notice of such requirements removal obligation at the time its consent is given (i.e., as Landlord may determine, more particularly set forth in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementsSection 8.5 below). Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permitpermit (if applicable), issued by the city in which City of Irvine (the Real Property is located"City"), and all in conformance with Landlord's commercially reasonable reasonable, written construction rules and regulations. Landlord's approval of In the plansevent Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building", specifications and working drawings for as that term is defined below, then Tenant shall, at Tenant's [***] Confidential expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of this document have been redacted either Building, and filed separately with the Commission. Alterations shall create no responsibility or liability on public restrooms, elevators, exit stairwells and the part systems and equipment located in the internal core of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workeither Building. In performing the work of any such Alterations, Tenant shall use diligent efforts to have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants or owners in the Project. In addition to Tenant's obligations under Article 9 of the Real Propertythis Lease, or interfere with the labor force working at the Real Property. If Tenant makes upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located Orange County in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Landlord a reproducible copy of the "as as-built" drawings of the Alterations, to the extent applicable, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Manner of Construction. Any time Tenant proposes to make an Alteration which requires the consent of Landlord, Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premisessuch consent, such reasonable requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request made at the time such consent is granted, Tenant shall utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval Landlord, provided that Tenant shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components utilize a contractor of the Building or Systems and Equipment (including designating specific contractors Landlord's selection to perform all work for Alterations that constitute a Design Problem; provided that Landlord shall cause such contractor to charge Tenant for such work provided such an amount equal to the costs that comparable first-class, reputable and reliable contractors and subcontractors agree to perform such work at competitive prices and would have charged Tenant if selected pursuant to Tenant's reasonable scheduling requirements)competitive bidding procedures. Tenant shall construct such all Alterations and perform such any repairs undertaken by Tenant in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities, but, subject to Tenant's obligation to carry out all Alteration work in compliance with the provisions of this Article 8, shall constitute Landlord's approval of such Alteration. All A1l work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible an electronic copy of the "as built" drawings record set of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsAlteration drawings.
Appears in 1 contract
Sources: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant perform any work which in Landlord’s judgment is likely to disturb other tenants of the Building only during non-business hours, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and in conformance with Landlord's commercially ’s reasonable and nondiscriminatory construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workcompletion. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to unreasonably obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to unreasonably obstruct the business of Landlord or other tenants of in the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseBuilding. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, if any, provided, however, that if Tenant does not cause a timely Notice of Completion to be recorded, such failure shall not constitute a default under this Lease but Tenant shall protect, defend, indemnify and (iii) deliver hold Landlord harmless from any loss, cost, damage, claim or expense incurred by Landlord in connection with Tenant’s failure to Landlord evidence record the Notice of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsCompletion.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including, without limitation, California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an a commercially reasonable amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may requirereasonably require consistent with the practices of institutional owners of the Comparable Buildings, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations costing more than $50,000.00 and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Building a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (Aqua Metals, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building Buildings or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including, without limitation, California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Real Property is Buildings are located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building Buildings or Real Property Project or the common areas for any other tenant of the Real Propertyareas, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may requirereasonably require consistent with the practices of institutional owners of the Comparable Buildings, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease below immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Buildings a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Lease (Biotime Inc)
Manner of Construction. Landlord may impose, as a condition of its ---------------------- consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which Landlord. In any event, a contractor of Landlord's approval shall not be unreasonably withheldperform all mechanical, conditioned or delayed); providedelectrical, howeverplumbing, Landlord may impose such requirements as Landlord may determinestructural, in its sole and absolute discretionheating, with respect to any work affecting the structural components of the Building or Systems ventilation and Equipment (including designating specific contractors to perform air conditioning work, and such work provided such contractors and subcontractors agree to perform such work shall be performed at competitive prices and pursuant to Tenant's reasonable scheduling requirements)cost. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedappropriate governmental entities, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to unreasonably obstruct access to the Building or Real Property Project or the common areas for any other tenant of the Real PropertyProject, and as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyProject, or unreasonably interfere with the labor force working at in the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this LeaseProject. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen management selected by Tenant and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord that Tenant shall utilize subcontractors of Landlord's selection to perform all work that may impose such requirements as Landlord may determineaffect the Project systems and equipment, in its sole and absolute discretion, with respect to any work affecting the structural components aspects of the Building Project, the "Base, Shell and Core" (as defined in the Work Letter), or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)exterior appearance of the Project or Project Common Areas. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, City of Novato and in conformance with Landlord's commercially reasonable construction rules and regulations. Any Alterations (other than Permitted Alterations) shall be performed in conformance with plans, specifications and working drawings first approved by Landlord not to be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove any proposed plans, specifications and working drawings (collectively, "Plans") within ten (10) business days after Tenant's request for approval. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any such Plans within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a "Second Request") that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 7.2 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE PLANS DESCRIBED HEREIN, AND TENANT MAY COMMENCE THE ALTERATIONS DESCRIBED IN THE PLANS." If Landlord fails to respond to such Second Request within five (5) business days after receipt by Landlord, the plans in question shall be deemed approved by Landlord, and Tenant may, subject to the other provisions of this Article 7, commence the Alterations described in such plans. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas Project for any other tenant lessee of the Real PropertyProject, and as not to obstruct the business of Landlord or other tenants of lessees in the Real PropertyProject, or interfere with the labor force working at in the Real PropertyProject. If In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord commercially reasonable amounts covering the construction of such Alterations, and such other commercially reasonable insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease 9 immediately upon completion thereof. In addition, with respect to Alterations costing in excess of $100,000.00, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office Office of the Recorder of the county in which the Real Property is located County of Marin in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) statute and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Project is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulationsregulations and all covenants, conditions and restrictions now or hereafter affecting the Project. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Project or the common areas Common Areas for any other tenant of the Real PropertyProject, and as not to obstruct the business of Landlord or other tenants of the Real PropertyProject, or interfere with the labor force working at the Real PropertyProject. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, if Tenant makes any Alterations with a cost in excess of Fifty Thousand Dollars ($50,000), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Real Property Project a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (Serena Software Inc)
Manner of Construction. Any time Tenant proposes to make an Alteration which requires the consent of Landlord, Landlord may impose, as condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its impose commercially reasonable discretion may deem desirablerequirements, including, but not limited to, the requirement that upon Landlord’s request made at the time such consent is granted, Tenant shall, utilize for such purposes only contractorscontractors (with Swinerton, BCCI Construction (provided that BCCI works together with one of other enumerated contractors in this parenthetical), ▇▇▇▇▇▇ Construction, ▇▇▇▇▇▇ Building Corporation and Turelk Construction being deemed approved), materials, mechanics and materialmen reasonably approved by Landlord (which approval Landlord, or provide that Tenant shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components utilize an available contractor of the Building or Systems and Equipment (including designating specific contractors Landlord’s selection to perform all work for Alterations that constitute a Design Problem (provided that Landlord shall cause such contractor to charge Tenant for such work provided such an amount equal to the costs that comparable first-class, reputable, and reliable contractors and subcontractors agree to perform such work at competitive prices and would have charged Tenant if selected pursuant to Tenant's reasonable scheduling requirementscompetitive bidding procedures). Landlord hereby approves the following general contractors: Phoenix Construction & Management ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ Excel Construction Services ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ Fullerton, CA 92833 ▇▇▇▇▇ & Son, Inc. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tenant shall construct such all Alterations and perform such any repairs undertaken by Tenant in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Laws and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Los Angeles, and in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all lawsLaws, rules and regulations but, subject to Tenant’s obligation to carry out all Alteration work in compliance with the provisions of governmental agencies or authoritiesthis Article 8, shall constitute Landlord’s approval of such Alteration. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property Building, Retail Area, Common Areas or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding or Retail Area, or interfere with the labor force working at in the Real PropertyBuilding or Retail Area. If Tenant makes In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any AlterationsAlterations requiring a building permit and costing in excess of $75,000, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 8180-8190 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible an electronic copy of the "as built" record set of drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirementswork). Tenant shall construct such Alterations and perform such repairs in conformance compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property Building is located, and in conformance with Landlord's commercially reasonable ’s construction rules and regulations. Landlord's ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesApplicable Laws. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If Tenant makes any Alterations, Tenant ▇▇▇▇▇▇ agrees to carry "“Builder's ’s All Risk" ” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' ’ affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Manner of Construction. Landlord may imposeTenant shall have obtained Landlord’s approval of all plans, as condition specifications, drawings, contractors and subcontractors prior to the commencement of its consent to all Alterations or repairs Tenant’s construction of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Alterations; provided, however, a contractor of Landlord’s reasonable selection shall perform all mechanical, electrical, plumbing, structural, and heating, ventilation and air conditioning work, and, so long as such work is competitively priced, such work shall be performed at Tenant’s cost. Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord may impose covering the construction of such requirements Alterations, and such other insurance as is then customary for similar type alterations in the area. In addition, Landlord may determinemay, in its sole and absolute reasonable discretion, with respect require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee. Further, Tenant shall pay to Landlord or its agent a supervision fee based on Landlord’s actual cost of supervision, not to exceed five percent (5%) of the cost of such work (which fee shall not apply to any work affecting Cosmetic Alterations, as defined above). The supervision fee applicable to the structural components initial Tenant Improvements constructed in accordance with the Tenant Work Letter will be governed by the terms of the Building or Systems Tenant Work Letter and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)not this Section 8.2. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws and pursuant to a valid building permit, issued by the city in which the Real Property is locatedappropriate governmental authorities, and in conformance with Landlord's commercially reasonable ’s construction rules and regulationsregulations and in a diligent, good and workmanlike manner. If such Alterations trigger a legal requirement upon Landlord to make any Alterations or improvements to the Building or Common Areas, Tenant shall, as Additional Rent, reimburse Landlord for the cost thereof within thirty (30) days following receipt of an invoice therefor. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. ’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real Property, and as not to obstruct the business of Landlord or other tenants of the Real Property, or interfere with the labor force working at the Real Property. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion (or equivalent) to be posted (if applicable) and recorded in the office of the Recorder of the county County in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statuteall applicable state statutes, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "“as built" ” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and reasonably approved by Landlord Landlord, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove any “Specialty Alterations” (which approval shall not be unreasonably withheld, conditioned defined below) upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of Santa ▇▇▇▇▇▇, and all in conformance with Landlord's commercially ’s reasonable construction rules and regulations. Landlord's approval of In the plansevent Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, specifications then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall mean the Base, Shell and working drawings for Tenant's [***] Confidential portions of this document have been redacted Core, including the Building Structure and filed separately with the Commission. Alterations shall create no responsibility or liability Building Systems, further including the Building Systems on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during are located as well as the period of workCommon Areas. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition to Tenant’s obligations under Article 9 of the Real Propertythis Lease, or interfere with the labor force working at the Real Property. If Tenant makes upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Real Property a reproducible copy of the "“as built" ” or record drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract
Sources: Office Lease (FIGS, Inc.)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen contractors reasonably approved by Landlord Landlord, and the requirement that upon Landlord's timely request (which approval shall not request must be unreasonably withheldmade, conditioned if at all, at the time of Landlord's consent to such Alteration), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components early termination of the Building or Systems Lease Term and Equipment (including designating specific contractors return the affected portion of the Premises to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements)a building standard tenant improved condition as determined by Landlord. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San Diego, and California, all in conformance with Landlord's commercially reasonable construction rules and regulations. ; provided, however, that prior to commencing to construct any Alteration (except with regard to Cosmetic Alterations), Tenant shall meet with Landlord to discuss Landlord's approval design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "BASE BUILDING" shall include the Building Structure, and the public restrooms, elevators, fire stairwells and the systems and equipment (including the electrical, life safety, plumbing, sprinkler systems and HVAC systems) located in the internal core of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability Building on the part of Landlord for their completeness, design sufficiency, floor or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion to the end that floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuilding or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of San Diego, California, in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations, and (iii) deliver to Landlord evidence if such Alterations are of payment, contractors' affidavits and full and final waivers of all liens a type for labor, services or materialswhich as-built plans are reasonably available.
Appears in 1 contract
Sources: Office Lease (Fair Isaac Corp)
Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirablerequirements, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant reasonably approved by Landlord (which approval shall not be unreasonably withheldLandlord, conditioned or delayed); providedthe requirement that upon Landlord's request, howeverTenant shall, Landlord may impose at Tenant's expense, remove such requirements as Landlord may determine, in its sole and absolute discretion, with respect Alterations to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and extent required pursuant to Tenant's reasonable scheduling requirements)Section 8.5 below. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable rules and regulations Applicable Laws, including without limitation the LEED certification requirements relating to the construction of any federalthe Alterations required by the City of San J▇▇▇, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is locatedCity of San J▇▇▇, and all in conformance with Landlord's commercially reasonable tenant improvement manual promulgated by Landlord regarding construction rules performed by tenants of the Project and regulations. provided to Tenant in writing prior to the date of this Lease (as the same may be reasonably modified by Landlord, on a non-discriminatory basis, from time to time, "TI Manual"); provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord's approval of design parameters and code compliance issues. In the plansevent Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, specifications and working drawings for then Landlord shall, at Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completenessexpense, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in good and workmanlike manner and diligently prosecuted to completion make such changes to the end that Base Building. The "Base Building" shall mean the Premises shall at all times be a complete unit except during Building Structure and the period of workBuilding Systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to unreasonably obstruct access to the Building Project or Real Property or the common areas for any portion thereof, by any other tenant of the Real PropertyProject, and so as not to unreasonably obstruct the business of Landlord or other tenants of in the Real PropertyProject. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or interfere equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor force working at or services in or about the Real PropertyBuildings or the Common Areas. If Tenant makes In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property is located County of Santa C▇▇▇▇ in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Real Property Project construction manager a reproducible copy of the "as built" drawings of the Alterations, as well as an electronic CAD file, as well as all permits, approvals and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materialsother documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Sources: Office Lease (Roku, Inc)
Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord may impose such requirements as Landlord may determine, in its sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work provided such contractors and subcontractors agree to perform such work at competitive prices and pursuant to Tenant's reasonable scheduling requirements). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Real Property is located, and in conformance with Landlord's commercially reasonable construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's [***] Confidential portions of this document have been redacted and filed separately with the Commission. Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner in compliance with all applicable laws and with Landlord's construction rules and regulations, and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. If any Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord's rules and regulations concerning such hazardous materials or substances. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or Real Property or the common areas for any other tenant of the Real PropertyBuilding, and as not to obstruct the business of Landlord or other tenants of in the Real PropertyBuilding, or interfere with the labor force working at in the Real PropertyBuilding. If In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant's insurance Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee; provided, however, that Landlord shall waive its right to require any such bond or alternate form of security for Alterations performed by or on behalf of the Original Tenant or any assignee that is an Affiliate of Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease. Upon completion of any Alterations, Tenant shall (i) agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Real Property Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Building management office of the Real Property a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
Appears in 1 contract