Manner of Construction. The Support System shall be constructed in compliance in all material respects with the approved Drawings and Specifications, subject to the provisions of Section 1.3 above concerning modifications thereto. Construction of the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of the applicable portion of the Support System and the Subgrade Work, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work in accordance with the foregoing, and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by Licensor.
Appears in 1 contract
Sources: License Agreement
Manner of Construction. The Support System shall be constructed in compliance in all material respects with the approved Drawings and Specifications, subject Prior to the provisions of Section 1.3 above concerning modifications thereto. Construction of the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs (including Permitted Alterations), Tenant shall submit to Landlord, for Landlord's review, four (4) copies signed by Tenant of all plans, specifications and working drawings relating thereto. Landlord shall review and approve or disapprove (to the applicable portion extent such approval or disapproval is required) all such plans, specifications and working drawings within five (5) business days following the date upon which Tenant submits the same to Landlord, except that Landlord shall have ten (10) business days following the date upon which Tenant submits the same to Landlord to review and approve such plans, specifications and working drawings in the event that the nature of the Support System Alterations or repairs is such that (I) review of the plans, specifications and working drawings related thereto cannot reasonably be completed within five (5) business days, or (II) Landlord reasonably needs to send the Subgrade Workplans, follow specifications and working drawings out for third-party review; provided that the corresponding procedure parties shall agree in advance upon the reasonable maximum cost of such third-party review. If Landlord disapproves of any such plans, specifications or working drawings, then Landlord shall set forth with reasonable specificity the grounds for such disapproval and recommend any modifications that would make the proposed Alterations acceptable to Landlord. If Landlord fails to respond in writing within five (5) business days or ten (10) business days, as applicable, Tenant may send a second notice to Landlord, which notice must contain the Vibration Monitoring following disclaimer in bold face, capitalized type: "NOTICE – SECOND REQUEST FOR CONSENT TO ALTERATIONS PURSUANT TO ARTICLE 8 OF THE LEASE – FAILURE TO TIMELY RESPOND WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE WILL RESULT IN DEEMED APPROVAL OF THE PLANS AND SPECIFICATIONS FOR CERTAIN ALTERATIONS." If Landlord fails to respond in writing within three (3) business days after delivery of such second notice, then Landlord shall be deemed to have consented to the proposed Alterations. Tenant, at its sole cost and Response Plan expense, shall retain an architect/space planner subject to confirm Landlord's reasonable approval, to prepare such plans, specifications and working drawings; provided that, unless Tenant is performing the Alterations or repairs on a design-build basis, Tenant shall retain the engineering consultants from a list of at least three (3) names provided by Landlord or other engineering consultants reasonably approved by Landlord to prepare all plans and engineering working drawings, if any, relating to the mechanical, electrical, and plumbing, work of the Alterations. Landlord acknowledges and agrees that Tenant may perform all Alterations on a design-build basis, provided that the mechanical, electrical and plumbing components of such work shall be designed using Landlord's designated engineers, or other engineering consultants approved by Landlord, which approval shall not cause vibration and/or shaking be unreasonably withheld, conditioned or delayed. In addition, notwithstanding the foregoing, in connection with any Alterations that affect the structural, HVAC, life-safety and sprinkler components of the Hotel Parking Facility Base Building, Tenant shall retain the engineering consultants designated by Landlord to prepare all plans and engineering working drawings relating thereto, or other engineering consultants approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be required to include in excess 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 Vibration Limit (as defined 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 and Tenant's architect/space planner shall verify, in the Vibration Monitoring field, the dimensions and Response Plan)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. IfIn addition, following if and to the extent, based on the nature of the mechanical, electrical or plumbing items, or structural items or items affected by Title 24 which are included in the Alterations, Landlord reasonably retains third party consultants, then Tenant shall pay to Landlord an amount equal to any actual and reasonable out-of-pocket third party costs for such commencement at any time during third party consultants expended by Landlord in connection with the construction of the Redeveloped Parking FacilityAlterations within thirty (30) days after receipt of invoice together with reasonable supporting evidence; provided that Landlord notified Tenant prior to incurring any such costs. 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 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 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 reasonable approval of all plans, specifications and working drawings for the Alterations, a contractor to construct the Alterations shall be selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (except that Landlord shall not have the right to approve any contractor performing Permitted Alterations). The foregoing process shall be reasonable adjusted if Tenant constructs Alterations on a design-build basis as set forth above. As used in this Lease, the "Base Building" shall mean the Building Structure and the Building Systems. All subcontractors used or selected by Tenant performing work relating to the Building Systems shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to approve or disapprove a proposed Tenant's Agent within three (3) business days, Landlord shall be deemed to have approved the same. The contractor and all subcontractors, laborers, materialmen, and suppliers are referred to herein as "Tenant Agents." 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. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with Section 8182 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the Project construction manager (1) 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), (a2) any vibration and/or shaking of a computer disc containing the Hotel Parking Facility same (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facilityextent reasonably available), and (b3) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (all permits, approvals and other documents issued by any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but governmental agency in any event within one (1) hour following connection with the time of Licensor’s telephonic notice, follow the procedure Alterations. Notwithstanding anything set forth in this Article 8 to the Vibration Monitoring and Response Plan under contrary, construction of an Alteration shall not commence until (x) a copy of the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit contract with Tenant's contractor has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods fully executed and delivered to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work in accordance with the foregoingLandlord, and who can be reached at any time construction activities are taking place (each of such Individualsy) Tenant has procured, and delivered to Landlord a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceededcopy of, but (b) Licensor notifies Licensee that such vibration and/or shaking of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are all applicable permits necessary to (1) ascertain whether Licensee’s work is commence demolition or construction, as the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by Licensorcase may be.
Appears in 1 contract
Manner of Construction. The Support System Landlord shall be constructed in compliance in all material respects with have the approved Drawings exclusive right, at Landlord’s option, but not the obligation, to make the Alterations at Tenant’s sole cost and Specifications, subject expense. If Landlord elects to make the Alterations pursuant to the provisions of Section 1.3 above concerning modifications theretoimmediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and Landlord shall hold all applicable construction contracts. Construction of Prior to the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord’s review and 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 ▇▇▇▇▇▇▇▇, to prepare such plans, specifications and working drawings; provided that, Tenant shall also retain the applicable portion 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 Support System Alterations. Tenant shall be required to include in its contracts with the architect and the Subgrade Workengineers 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 ▇▇▇▇▇▇ to follow Landlord’s standard construction administration procedures and to utilize the corresponding procedure 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 third-party architect and/or engineer, selected by Landlord, for their review, at ▇▇▇▇▇▇’s sole cost and expense. Landlord’s 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -18- [AMLGMN] 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 ▇▇▇▇▇▇▇▇’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 ▇▇▇▇▇▇’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 provided by Landlord. Landlord shall provide to Tenant an itemized statement of costs, as set forth in the Vibration Monitoring and Response Plan to confirm that proposed contract with such work shall not cause vibration and/or shaking contractor (the “Alteration Contract”), which costs form a basis for the amount of the Hotel Parking Facility in excess of Alteration Contract (the Vibration Limit (as defined in the Vibration Monitoring and Response Plan“Alteration Contract Amount”). IfTenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, following and upon receipt of such commencement at any time during the construction approved itemized statement of the Redeveloped Parking Facilitycosts by Landlord, (a) any vibration and/or shaking of the Hotel Parking Facility Landlord shall be released by ▇▇▇▇▇▇ (i) gives rise to a reasonable complaints by Licensor or exceeds retain the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) contractor who submitted such itemized statement of costs, and (ii) Licensor determines to purchase the items set forth in good faith that such vibration and/or shaking 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 Hotel Parking Facility was caused by construction of, the construction 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; provided that in the event that Tenant’s request for approval of any Alteration shall indicate Tenant’s desire for Landlord to notify Tenant of any such Base Building changes, Landlord shall notify Tenant (to the extent Landlord is then aware of any such required changes), in its approval of such Alterations (if applicable), and Tenant shall be permitted, at its option, to promptly elect to not have the Alterations performed. As used in this Lease, the “Base Building” shall include the structural portions of the Redeveloped Parking FacilityBuilding, 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. The term “Base Building,” as used in this Lease, shall not be deemed to have the same meaning as the term “Base, Shell and Core,” as the same is defined in Section 1 of the Tenant Work Letter. In performing the work of any Alterations for which ▇▇▇▇▇▇ is responsible, Tenant shall have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any other tenant of the Project, 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 requirement 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 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 or services in or 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -19- [AMLGMN] about the Building or the Common Areas. In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the 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 (biii) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (all permits, approvals and other documents issued by any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but governmental agency in any event within one (1) hour following connection with the time of Licensor’s telephonic notice, follow the procedure Alterations. Notwithstanding anything set forth in this Article 8 to the Vibration Monitoring and Response Plan under contrary, construction of an Alteration shall not commence until (a) the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit Alteration Contract has been exceeded fully executed and delivered to Landlord, (b) Tenant has procured, and delivered to Landlord a copy of, all applicable permits, and (c) Tenant has delivered to Landlord the “Alteration Amount,” as a result of Licensee’s construction activitiesthat term is set forth in Section 8.3, then Licensee shall either (i) employ alternate construction methods to prevent below. In the event any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor Alteration Amount paid by ▇▇▇▇▇▇ is not fully utilized by Landlord following the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion completion of the work in accordance with the foregoing, and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposesAlteration, then Licensee any unused amounts shall promptly take such additional reasonable steps as are necessary be refunded to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorTenant.
Appears in 1 contract
Manner of Construction. The Support System shall be constructed 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 compliance in all material respects with the approved Drawings and Specifications, subject its reasonable discretion may deem desirable as to the provisions of Section 1.3 above concerning modifications thereto. Construction of manner in which such Alterations or repairs will be performed, including, but not limited to, the Support System requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and the Redeveloped Parking Facility shall any removal and/or restoration obligations required to be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of the applicable portion of the Support System and the Subgrade Work, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response PlanTCCs of Section 8.5 of this Lease. If Landlord fails to respond with its approval or disapproval of Tenant’s contractors within five (5) and (ii) Licensor determines in good faith that business days, then Tenant may send Landlord a reminder notice setting forth such vibration and/or shaking of failure containing the Hotel Parking Facility was caused by following sentence at the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) top of such occurrence request in bold, capitalized font at least twelve (any such event, a 12) points in size: “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN TWO (12) hour following BUSINESS DAYS SHALL RESULT IN LANDLORD’S DEEMED APPROVAL OF TENANT’S CONTRACTOR” (the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work in accordance with the foregoing, and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee RepresentativeContractor Reminder Notice”). If Landlord fails to respond within two (a2) investigation business days after receipt of a Contractor Reminder Notice, then Tenant’s contractor for which Tenant requested Landlord’s approval shall be deemed approved by Landlord. 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 disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and 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 Laws, and pursuant to a valid building permit, issued by the city in which the Building is located (or other applicable governmental authority), all in conformance with Landlord’s Construction Rules and Regulation (as defined below). 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 Building Systems. In performing the work of any such Noticed Vibration Event indicates that Alterations, Tenant shall have the Vibration Limit has work performed in such manner so as not been exceededto materially obstruct access to the Project or any portion thereof, but (b) Licensor notifies Licensee that such vibration and/or shaking by any other tenant of the Hotel Parking Facility has caused Licensor Project, and so as not to suffer material materially obstruct the business of Landlord or other tenants in the Project. 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 equipment failurethat, which failure materially interferes in Landlord’s reasonable judgment, would disturb labor harmony with the ability 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 Licensor’s guests and invitees this Lease, upon completion of any Alterations, Tenant agrees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary cause a Notice of Completion to (1) ascertain whether Licensee’s work is be recorded in the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking office of the Hotel Parking Facility caused by Licensee and Recorder of the equipment at issue is installed and secured County of San Francisco in accordance with normal industry practices, then Licensee Section 8182 of the Civil Code of the State of California or any successor statute and Tenant shall either employ alternate construction methods, or isolate deliver to the affected equipmentproperty manager a reproducible copy of the “as built” and CAD drawings of the Alterations, to prevent the extent applicable, as well as copies of all permits, approvals and other documents issued by any further equipment failure governmental agency in accordance connection with a plan approved the Alterations. “Construction Rules and Regulations” shall be the reasonable and customary rules and regulations promulgated by LicensorLandlord 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. The Support System Landlord shall be constructed in compliance in all material respects with have the approved Drawings exclusive right, at Landlord’s option, but not the obligation, upon Tenant’s request that Landlord perform such work, to make the Alterations at Tenant’s sole cost and Specifications, subject expense. If Landlord elects to make the Alterations pursuant to the provisions of Section 1.3 above concerning modifications theretoimmediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and Landlord shall hold all applicable construction contracts. Construction of Prior to the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord’s review and 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 applicable portion 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 Support System Alterations. Tenant shall be required to include in its contracts with the architect and the Subgrade Workengineers 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 corresponding procedure 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 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 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 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 and reasonably approved by Landlord. Landlord shall provide to Tenant an itemized statement of costs, as set forth in the Vibration Monitoring proposed contract with such contractor Tenant shall approve and Response Plan deliver to confirm that Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such work itemized statement of costs by Landlord, Landlord shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility be released by Tenant (i) gives rise to a reasonable complaints by Licensor or exceeds retain the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) contractor who submitted such itemized statement of costs, and (ii) Licensor determines in good faith that such vibration and/or shaking of to purchase the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure items set forth in the Vibration Monitoring such itemized statement of costs and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop commence the construction of relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work 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 foregoingAlterations, and who can be reached 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 any time construction activities are taking place (each of Tenant’s expense, make such Individualschanges to the Base Building. As used in this Lease, a the “Licensee Representative”)Base Building” shall mean the Building Structure and the Building Systems. If (a) investigation In performing the work of any Alterations for which Tenant is responsible, Tenant shall have the work performed in such Noticed Vibration Event indicates that manner so as not to unreasonably obstruct access to the Vibration Limit has not been exceededProject or any portion thereof, but (b) Licensor notifies Licensee that such vibration and/or shaking by any other tenant of the Hotel Parking Facility has caused Licensor Project, and so as not to suffer material unreasonably 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 failurethat, which failure materially interferes in Landlord’s reasonable judgment, would disturb labor harmony with the ability 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 Licensor’s guests and invitees this Lease, upon completion of any Alterations, Tenant agrees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary cause a Notice of Completion to (1) ascertain whether Licensee’s work is be recorded in the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking office of the Hotel Parking Facility caused by Licensee and Recorder of the equipment at issue County in which the Project is installed and secured located in accordance with normal industry practicesSection 3093 of the Civil Code of the State of California or any successor statute, then Licensee and Tenant shall either employ alternate deliver to the Project construction methodsmanager a reproducible copy of the “as built” drawings of the Alterations in CAD format as well as all permits, or isolate approvals and other documents issued by any governmental agency in connection with the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Manner of Construction. The Support System Landlord shall be constructed in compliance in all material respects with have the approved Drawings exclusive right, at Landlord's option, but not the obligation, to make the Alterations at Tenant's sole cost and Specifications, subject expense. If Landlord elects to make the Alterations pursuant to the provisions of Section 1.3 above concerning modifications theretoimmediately preceding sentence, then Tenant shall retain Landlord to construct such Alterations and Landlord shall hold all applicable construction contracts. Construction of Prior to the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord's review and 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 applicable portion 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 Support System Alterations. Tenant shall be required to include in its contracts with the architect and the Subgrade Workengineers 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 corresponding procedure 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 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 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 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 Vibration Monitoring and Response Plan to confirm that proposed contract with such work shall not cause vibration and/or shaking contractor (the "Alteration Contract"), which costs form a basis for the amount of the Hotel Parking Facility in excess of Alteration Contract (the Vibration Limit (as defined in the Vibration Monitoring and Response Plan"Alteration Contract Amount"). IfTenant shall approve and deliver to Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, following and upon receipt of such commencement at any time during the construction itemized statement of the Redeveloped Parking Facilitycosts by Landlord, (a) any vibration and/or shaking of the Hotel Parking Facility Landlord shall be released by Tenant (i) gives rise to a reasonable complaints by Licensor or exceeds retain the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) contractor who submitted such itemized statement of costs, and (ii) Licensor determines to purchase the items set forth in good faith that such vibration and/or shaking 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 Hotel Parking Facility was caused by construction of, the construction 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 Redeveloped Parking FacilityBuilding, 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. The term "Base Building," as used in this Lease, shall not be deemed to have the same meaning as the term "Base, Shell and Core," as the same is defined in Section 1 of the Tenant Work Letter. In performing the work of any Alterations for which Tenant is responsible, Tenant shall have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any other tenant of the Project, 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 requirement 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 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 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 any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with Section 8182 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the 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 (biii) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (all permits, approvals and other documents issued by any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but governmental agency in any event within one (1) hour following connection with the time of Licensor’s telephonic notice, follow the procedure Alterations. Notwithstanding anything set forth in this Article 8 to the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Eventcontrary, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work an Alteration shall not commence until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work in accordance with the foregoing, and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit Alteration Contract has not been exceededfully executed and delivered to Landlord, but (b) Licensor notifies Licensee that such vibration and/or shaking of the Hotel Parking Facility Tenant has caused Licensor procured, and delivered to suffer material equipment failureLandlord a copy of, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposesall applicable permits, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2c) if Licensee’s investigation determines Tenant has delivered to Landlord the "Alteration Amount," as that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue term is installed and secured set fo1th in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorSection 8.3. below.
Appears in 1 contract
Manner of Construction. The Support System All alterations, additions, or changes to be made to the Premises that require the prior written consent of Landlord under Section 9.1 above, as well as the work to be performed by Tenant pursuant to Exhibit “C” hereto (a “major alteration”), shall be constructed under the supervision of a licensed architect or licensed structural engineer approved by Landlord and shall be made in compliance accordance with plans and specifications with respect thereto, approved in all material respects writing by Landlord before the commencement of work. Failure of Landlord to disapprove any such plans and specifications within fifteen (15) days of submission shall be deemed its approval of same. All work with the approved Drawings respect to any alterations, additions or changes must be done in a good and Specifications, subject workmanlike manner and diligently prosecuted to completion to the provisions end that the Premises shall at all times be a complete unit except during the period of Section 1.3 above concerning modifications theretowork. Construction Upon completion of any major alteration, ▇▇▇▇▇▇ agrees to cause a Notice of Completion to be recorded in the office of the Support System Recorder of the County in which the Premises is located. Major alterations or any portion or part of any major alterations, at Landlord's option, shall be removed by Tenant, at Tenant's sole cost and expense, at the Redeveloped Parking Facility expiration or termination of this Lease, provided that, notwithstanding anything to the contrary, Tenant shall not have any obligation to remove the Tenant’s Work specified on Exhibit C-1. Such option shall be exercised by Landlord, if at all, not less than thirty (30) days prior to the expiration of the Lease Term or within twenty (20) days of any earlier termination of this Lease. If Landlord elects to cause Tenant to remove all or any portion of the major alterations, Tenant shall repair any damages to the Premises resulting from such removal, as a part of such work. Subject to the foregoing, all improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions, and other items comprising Tenant's Work pursuant to Exhibit “C”, but excluding trade fixtures and signs, shall become the property of Landlord upon installation thereof. All materials used in any alterations or changes to the Premises, including without limitation the work to be performed by Tenant under Exhibit “C” hereof shall be new or like new quality and condition. Any such alterations, additions or changes shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of the applicable portion of the Support System and the Subgrade Work, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop the construction of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work done strictly in accordance with the foregoing, laws and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee Representative”)ordinances relating thereto. If (a) investigation In performing the work of any such Noticed Vibration Event indicates that alterations, additions or changes, Tenant shall have the Vibration Limit has work performed in such manner as not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking to obstruct the access to the premises of any other occupant to the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee Center. Tenant shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance furnish Landlord with a plan approved copy of all applicable construction permits and plans for major alterations including, without limitation, the work to be performed by LicensorTenant under Exhibit “C” hereof, so that Landlord may hold in its file a complete and accurate set of permits and plans for all major alterations to the Premises, including all work performed by Tenant under Exhibit ”C” hereof.
Appears in 1 contract
Sources: Shopping Center Retail Lease
Manner of Construction. The Support System shall be constructed in compliance in all material respects with the approved Drawings and Specifications, subject Prior to the provisions of Section 1.3 above concerning modifications thereto. Construction of the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord's review and approval in its reasonable discretion, four (4) copies signed by Tenant of all applicable plans, specifications and working drawings relating thereto. Tenant, at its sole cost and expense, if applicable, 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 applicable portion 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, life safety and sprinkler work of the Support System Alterations. Tenant shall be required to include in its contracts with the architect and the Subgrade Workengineers 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 corresponding procedure 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 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 the Vibration Monitoring this Section 8.2, shall be for its sole purpose and Response Plan to confirm that such work shall not cause vibration and/or shaking imply Landlord's review of the Hotel Parking Facility 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 excess of the Vibration Limit (as defined connection therewith and shall not be responsible for any omissions or errors contained in the Vibration Monitoring plans, specifications and Response Plan). If, following such commencement at any time during working drawings for the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking FacilityAlterations, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure Tenant's waiver and indemnity set forth in Section 10.1 of this Lease, below, shall specifically apply to the Vibration Monitoring plans, specifications and Response Plan under working drawings for the heading “Investigating 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 Complaints.” If investigation from the list of contractors approved by Licensee Landlord. 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 performing the work of any Alterations for which Tenant is responsible, Tenant shall have the work performed in such Noticed Vibration Eventmanner so as not to obstruct access to the Project or any portion thereof, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent by any such unpermitted levels of vibration and/or shaking other tenant of the Hotel Parking Facility Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (iiand upon notice from Landlord shall cease using) stop contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the construction 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 any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the applicable portion Recorder of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor County in which the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work Project is located in accordance with Section 3093 of the foregoingCivil Code of the State of California or any successor statute, and who can be reached at any time Tenant shall deliver to the Project construction activities are taking place (each of such Individuals, manager a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking reproducible copy of the Hotel Parking Facility has caused Licensor to suffer material equipment failure"as built" drawings of the Alterations in CAD format as well as all permits, which failure materially interferes approvals and other documents issued by any governmental agency in connection with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Manner of Construction. The Support System Landlord shall be constructed in compliance in all material respects with have the approved Drawings exclusive right, at Landlord's option, but not the obligation, to make the Alterations at Tenant's sole cost and Specifications, subject expense. Prior to the provisions of Section 1.3 above concerning modifications thereto. Construction of the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord's review and approval in its reasonable discretion, 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 applicable portion engineering consultants designated 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 Support System 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 Subgrade Workstandard specifications and details for the Building, follow all as promulgated by Landlord from time to time. Tenant and Tenant's architect/space planner shall verify, in the corresponding procedure 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. 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 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 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 or, at Tenant's option, exercisable by written notice to Landlord, pursuant to a competitive bidding process. If Tenant 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 Vibration Monitoring and Response Plan proposed contract with such contractor. If Tenant shall elect to confirm that such work have a contractor selected by a competitive bidding process, then (i) Landlord shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the solicit bids for construction of the Redeveloped Parking FacilityAlterations 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), (aii) any vibration and/or shaking Landlord shall perform a reconciliation of the Hotel Parking Facility 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 wh 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) gives rise to a reasonable complaints by Licensor or exceeds retain the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) contractor who submitted such itemized statement of costs, and (ii) Licensor determines in good faith that such vibration and/or shaking of to purchase the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure items set forth in the Vibration Monitoring such itemized statement of costs and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop commence the construction of relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work contractor selected in accordance with this Section 8.2 to construct the foregoingAlterations, and who can be reached 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 any time construction activities 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 taking place (each located. In addition to Tenant's obligations under Article 9 of such Individualsthis Lease, a “Licensee Representative”). If (a) investigation upon completion of any such Noticed Vibration Event indicates that Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking office of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking Recorder of the Hotel Parking Facility caused by Licensee and County in which the equipment at issue Project is installed and secured located in accordance with normal industry practicesSection 3093 of the Civil Code of the State of California or any successor statute, then Licensee and Tenant shall either employ alternate deliver to the Project construction methodsmanager a reproducible copy of the "as built" drawings of the Alterations as well as all permit, or isolate approvals and other documents issued by any governmental agency in connection with the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Sources: Office Lease (Surge Components Inc)
Manner of Construction. The Support System shall be constructed in compliance in Landlord may impose, as a condition of its consent to any and all material respects with the approved Drawings and Specifications, subject to the provisions of Section 1.3 above concerning modifications thereto. Construction Alterations or repairs of the Support System 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; provided, however, Landlord shall not require the removal of any Specified Improvements (as defined in Exhibit D) or any Alterations that are typical office improvements Tenant shall construct such Alterations and perform such repairs at Tenant’s sole cost and expense, in such manner and at such times as Landlord may from time to time reasonably designate, in a good and workmanlike manner, employing materials of good quality, in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the Redeveloped Parking Facility city in which the Building is located (or other applicable governmental authority), all in conformance with Landlord’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. To the extent Landlord permits Tenant to perform any Alterations outside the Premises and/or affecting the Base Building, or if required by Applicable Laws, (i) Tenant shall give Landlord at least two (2) business days’ prior written notice of any proposed Alterations outside the Premises and/or affecting the Building systems (the “Supervised Work”), and (ii) Tenant shall reimburse Landlord, within thirty (30) days after demand therefor, for the reasonable cost of Landlord’s supervisory personnel overseeing the Supervised Work, if any. Alterations shall be performed in compliance such manner so as not to obstruct access to the Project or any portion thereof, by any other tenant of the Project, 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 Settlement Monitoring Planworkforce or trades engaged in performing other work, Dust Control Plan and labor or services in or about the Vibration Monitoring and Response Plan as applicableBuilding or the Common Areas. Without limiting If Landlord reasonably determines that, in connection with Alterations by any Tenant Party, (A) any Building System (including the foregoingfire alarm system) should be or is required to be shut down, Licensee shalland/or (B) Building System cleaning or other maintenance or repair is required (including the changing of Building System filters pre- or post-construction), upon commencement Tenant shall reimburse Landlord for the reasonable out-of-pocket costs incurred by Landlord in connection therewith. Upon completion of construction of the applicable portion of the Support System and the Subgrade Workany Alterations (or repairs) including Permitted Alterations, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work Tenant shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility deliver to Landlord final cost affidavits and final lien waivers (iin form reasonably approved by Landlord) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring all contractors, subcontractors and Response Plan) and (ii) Licensor determines in good faith that materialmen who performed such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facilitywork, and (b) Licensor telephonically notifies deliver to the Project construction manager a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking reproducible copy of the Hotel Parking Facility or (ii) stop the construction “as built” drawings of the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii)Alterations as well as all permits, a “Vibration Event Cure”). Licensee shall provide to Licensor the name approvals and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work other documents issued by any governmental agency in accordance connection with the foregoing, and who can be reached at any time construction activities are taking place (each of such Individuals, a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Sources: Lease (Cogent Biosciences, Inc.)
Manner of Construction. The Support System shall be constructed in compliance in Landlord may impose, as a condition of its consent to any and all material respects with the approved Drawings and Specifications, subject to the provisions of Section 1.3 above concerning modifications thereto. Construction Alterations or repairs of the Support System Premises or about the Premises (except for Permitted 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 reasonably approved by Landlord, and the Redeveloped Parking Facility shall be performed in compliance with requirement that upon Landlord’s request made at the Settlement Monitoring Plantime such consent is granted, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee Tenant shall, at Tenant’s expense, remove such Alterations upon commencement of construction the expiration or any early termination of the applicable Lease Term and return the affected portion of the Support System and the Subgrade Work, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise Premises to a reasonable complaints by Licensor or exceeds the Vibration Limit (building standard tenant improved condition as determined by readings from the monitoring equipment installed Landlord. 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 the Vibration Monitoring City of Mountain View, all in conformance with Landlord’s reasonable construction rules and Response Plan) regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and (ii) Licensor determines code compliance issues. In the event Tenant performs any Alterations in good faith 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 vibration and/or shaking changes to the Base Building. The “Base Building” shall include the structural portions of the Hotel Parking Facility was caused by Building, and the construction public restrooms, exit stairwells and the systems and equipment located in the internal core of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following Building on the time of Licensor’s telephonic notice, follow floor or floors on which the procedure set forth in Premises are located. In performing the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee work of any such Noticed Vibration EventAlterations, indicates that Tenant shall have the Vibration Limit has been exceeded work performed in such manner so as a result of Licensee’s construction activitiesnot to unreasonably obstruct access to the Project or any portion thereof, then Licensee shall either (i) employ alternate construction methods to prevent by any such unpermitted levels of vibration and/or shaking other tenant of the Hotel Parking Facility Project, and so as not to unreasonably obstruct the business of Landlord or (ii) stop other tenants in the construction Project. In addition to Tenant’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the applicable portion Recorder of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor County where the name and mobile phone number of one or more individuals who Premises are empowered to stop the applicable portion of the work located in accordance with Section 3093 of the foregoingCivil Code of the State of California or any successor statute, and who can be reached at any time Tenant shall deliver to the Project construction activities are taking place (each of such Individuals, manager a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking reproducible copy of the Hotel Parking Facility has caused Licensor “as built” drawings of the Alterations, to suffer material equipment failurethe extent applicable, which failure materially interferes as well as all permits, approvals and other documents issued by any governmental agency in connection with the ability of Licensor’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Sources: Office Lease (COUPONS.com Inc)
Manner of Construction. The Support System Landlord shall be constructed in compliance in all material respects with have the approved Drawings exclusive right, at Landlord’s option, but not the obligation, to make the Alterations at Tenant’s sole cost and Specifications, subject expense. Prior to the provisions of Section 1.3 above concerning modifications thereto. Construction of the Support System and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of any Alterations or repairs, Tenant shall submit to Landlord, for Landlord’s review and approval in its reasonable discretion, 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 applicable portion 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 Support System 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 Subgrade Workstandard specifications and details for the Building, follow all as promulgated by Landlord from time to time. Tenant and Tenant’s architect/space planner shall verify, in the corresponding procedure 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 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 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 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 Vibration Monitoring proposed contract with such contractor. Tenant shall approve and Response Plan deliver to confirm that Landlord the itemized statement of costs provided to Tenant in accordance with this Section 8.2, and upon receipt of such work itemized statement of costs by Landlord, Landlord shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility be released by Tenant (i) gives rise to a reasonable complaints by Licensor or exceeds retain the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) contractor who submitted such itemized statement of costs, and (ii) Licensor determines in good faith that such vibration and/or shaking of to purchase the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure items set forth in the Vibration Monitoring such itemized statement of costs and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration Event, indicates that the Vibration Limit has been exceeded as a result of Licensee’s construction activities, then Licensee shall either (i) employ alternate construction methods to prevent any such unpermitted levels of vibration and/or shaking of the Hotel Parking Facility or (ii) stop commence the construction of relating to such items. Landlord hereby assigns to Tenant all warranties and guaranties by’ the applicable portion of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work contractor selected in accordance with this Section 8.2 to construct the foregoingAlterations, and who can 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. The term “Base Building,” as used in this Lease, shall not be reached at any time construction activities are taking place (each deemed to have the same meaning as the term “Base, Shell and Core,” as the same is defined in Section 1 of such Individuals, a “Licensee Representative”)the Tenant Work Letter. If (a) investigation In performing the work of any Alterations for which Tenant is responsible, Tenant shall have the work performed in such Noticed Vibration Event indicates that manner so as not to obstruct access to the Vibration Limit has not been exceededProject or any portion thereof, but (b) Licensor notifies Licensee that such vibration and/or shaking by any other tenant of the Hotel Parking Facility has caused Licensor Project, and so as not to suffer material 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 failurethat, which failure materially interferes in Landlord’s reasonable judgment, would disturb labor harmony with the ability 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 Licensor’s guests and invitees this Lease, upon completion of any Alterations, Tenant agrees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary cause a Notice of Completion to (1) ascertain whether Licensee’s work is be recorded in the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking office of the Hotel Parking Facility caused by Licensee and Recorder of the equipment at issue County in which the Project is installed and secured located in accordance with normal industry practicesSection 3093 of the Civil Code of the State of California or any successor statute, then Licensee and Tenant shall either employ alternate deliver to the Project construction methodsmanager a reproducible copy of the “as built” drawings of the Alterations as well as all permits, or isolate approvals and other documents issued by any governmental agency in connection with the affected equipment, to prevent any further equipment failure in accordance with a plan approved by LicensorAlterations.
Appears in 1 contract
Sources: Office Lease (Tercica Inc)
Manner of Construction. The Support System Prior to starting any work, Tenant shall be constructed furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Building Systems); copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in compliance in all material respects with the approved Drawings amounts reasonably required by Landlord; and Specifications, subject any security for performance that is reasonably required by Landlord. Changes to the provisions of Section 1.3 above concerning modifications theretoplans and specifications must also be submitted to Landlord for its approval. Construction of the Support System Tenant shall utilize only competent contractors, subcontractors, materials, mechanics and the Redeveloped Parking Facility shall be performed in compliance with the Settlement Monitoring Plan, Dust Control Plan and the Vibration Monitoring and Response Plan as applicable. Without limiting the foregoing, Licensee shall, upon commencement of construction of the applicable portion of the Support System and the Subgrade Work, follow the corresponding procedure set forth in the Vibration Monitoring and Response Plan to confirm that such work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during materialmen reasonably approved by Landlord for the construction of the Redeveloped Parking Facilityany Alterations, which approval shall not be unreasonably withheld. Tenant shall construct such Alterations and perform such repairs (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and at Tenant’s sole cost; (b) Licensor telephonically notifies in accordance with plans and specifications approved by Landlord, the terms of this Lease, all applicable Laws and Landlord’s construction rules and regulations; (c) without interference with the operation of Landlord or other occupants of the Building; and (d) in a Licensee Representative (good and workmanlike manner, using quality materials and pursuant to a valid building permit, issued by the City of Rolling ▇▇▇▇▇▇▇. 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, 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 hereinafter defined) Additional Rent, upon demand, for such expense. In the event Tenant must perform any Alterations in 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 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 Tenant shall reimburse Landlord as Additional Rent, upon demand, for such expense. Tenant shall use good faith efforts to avoid any action which would cause any Labor Dispute. If any action or inaction on the part of any Tenant Related Party causes a Labor Dispute, Tenant shall 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 Labor Dispute, until such time as Landlord shall have given its written consent for the resumption of such occurrence work (any such event, a “Noticed Vibration Event”which consent shall not be unreasonably withheld), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee shall have no Claim for damages of any such Noticed Vibration Eventnature against any of the Landlord Related Parties in connection therewith, indicates that nor shall the Vibration Limit has been exceeded Lease Commencement Date be extended as a result thereof. In addition to Tenant’s obligations under Article 9 of Licensee’s construction activitiesthis Lease, then Licensee shall either (i) employ alternate construction methods upon completion of any Alterations which affect the Building Systems or Building Structure, Tenant agrees to prevent cause such notices as may be necessary to evidence completion of any such unpermitted levels of vibration and/or shaking work undertaken by Tenant to be recorded in the office of the Hotel Parking Facility or (ii) stop the construction Recorder of the applicable portion Cook County of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number of one or more individuals who are empowered to stop the applicable portion of the work in accordance with the foregoingLaws of the State of Illinois, and who can be reached at any time construction activities are taking place (each of such Individuals, Tenant shall deliver to the Property management office a “Licensee Representative”). If (a) investigation of any such Noticed Vibration Event indicates that the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking reproducible copy of the Hotel Parking Facility has caused Licensor to suffer material equipment failure“as built” drawings of the Alterations, which failure materially interferes all permits, approvals and other documents issued by any governmental agency in connection with the ability Alterations, ▇▇▇▇▇▇’s affidavit, completion affidavits, contractor’s sworn statements, full and final waivers of Licensorlien and receipted bills covering all labor and materials and any other documentation required by any Mortgagee or Landlord’s guests and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee and the equipment at issue is installed and secured in accordance with normal industry practices, then Licensee shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by Licensortitle insurance company.
Appears in 1 contract
Sources: Office Lease (Cambium Networks Corp)
Manner of Construction. The Support System 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 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 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 be constructed in compliance in all material respects with deemed approved by Landlord. If Landlord shall give its consent, the approved Drawings and Specificationsconsent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, subject the furnishing of a copy of such permit to Landlord prior to the provisions of Section 1.3 above concerning modifications thereto. Construction commencement of the Support System work, and the Redeveloped Parking Facility compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall be performed comply with Landlord's rules and regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in compliance a good and workmanlike manner, in conformance with any and all applicable Laws, and pursuant to a valid building permit, issued by the Settlement Monitoring Plancity in which the Building is located (or other applicable governmental authority), Dust Control Plan all in conformance with Landlord's Construction Rules and Regulation (as defined below). In the Vibration Monitoring and Response Plan event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as applicable. Without limiting the foregoingthat term is defined below, Licensee then Landlord shall, upon commencement of construction of at Tenant's expense, make such changes to the applicable Base Building. Since all or a portion of the Support System Project is or may become in the future certified under the LEED rating system (or other applicable certification standard) (all in Landlord's sole and the Subgrade Workabsolute discretion, follow the corresponding procedure except as set forth in Section 1.5 of the Vibration Monitoring Work Letter), Tenant expressly acknowledges and Response Plan agrees that without limitation as to confirm other grounds for Landlord withholding its consent to any proposed Alteration, Landlord shall have the right to withhold its consent to any proposed Alteration in the event that such Alteration invalidates such LEED certification under such LEED rating system; provided, however, Landlord shall reasonably cooperate with Tenant in order to identify alternatives, if any, that would allow Tenant to accomplish the intent of its intended Alternation without invalidating the Project's LEED certification. The "Base Building" shall include the Building Structure and the Building Systems. In performing the work shall not cause vibration and/or shaking of the Hotel Parking Facility in excess of the Vibration Limit (as defined in the Vibration Monitoring and Response Plan). If, following such commencement at any time during the construction of the Redeveloped Parking Facility, (a) any vibration and/or shaking of the Hotel Parking Facility (i) gives rise to a reasonable complaints by Licensor or exceeds the Vibration Limit (as determined by readings from the monitoring equipment installed pursuant to the Vibration Monitoring and Response Plan) and (ii) Licensor determines in good faith that such vibration and/or shaking of the Hotel Parking Facility was caused by the construction of the Redeveloped Parking Facility, and (b) Licensor telephonically notifies a Licensee Representative (as hereinafter defined) of such occurrence (any such event, a “Noticed Vibration Event”), then Licensee shall, as promptly as reasonably practicable, but in any event within one (1) hour following the time of Licensor’s telephonic notice, follow the procedure set forth in the Vibration Monitoring and Response Plan under the heading “Investigating Tenant Complaints.” If investigation by Licensee of any such Noticed Vibration EventAlterations, indicates that Tenant shall have the Vibration Limit has been exceeded work performed in such manner so as a result of Licensee’s construction activitiesnot to materially obstruct access to the Project or any portion thereof, then Licensee shall either (i) employ alternate construction methods to prevent by any such unpermitted levels of vibration and/or shaking other tenant of the Hotel Parking Facility Project, and so as not to materially obstruct the business of Landlord or other tenants in the Project. Tenant shall retain any union trades to the extent designated by Landlord. Further, Tenant shall not use (iiand upon notice from Landlord shall cease using) stop contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the construction 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 any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the applicable portion Recorder of the work until such alternate construction methods can be employed (either (i) or (ii), a “Vibration Event Cure”). Licensee shall provide to Licensor the name and mobile phone number County of one or more individuals who are empowered to stop the applicable portion of the work San Francisco in accordance with Section 8182 of the foregoingCivil Code of the State of California or any successor statute and Tenant shall deliver to the property manager a reproducible copy of the "as built" and CAD drawings of the Alterations, to the extent applicable, as well as copies of all permits, approvals and who can other documents issued by any governmental agency in connection with the Alterations. "Construction Rules and Regulations" shall be reached at any time the reasonable and customary rules and regulations promulgated by Landlord regarding construction activities are taking place (each performed by tenants of such Individualsthe Building and provided to Tenant in writing, a “Licensee Representative”)which shall be materially consistent with the construction rules and regulations of other Comparable Buildings. If (a) investigation To the extent of any such Noticed Vibration Event indicates that conflict between the Vibration Limit has not been exceeded, but (b) Licensor notifies Licensee that such vibration and/or shaking TCCs of the Hotel Parking Facility has caused Licensor to suffer material equipment failure, which failure materially interferes with the ability of Licensor’s guests Construction Rules and invitees to utilize th Hotel Parking Facility for its intended purposes, then Licensee shall promptly take such additional reasonable steps as are necessary to (1) ascertain whether Licensee’s work is the cause of such equipment failure and (2) if Licensee’s investigation determines that such equipment failure was the result of vibration and/or shaking of the Hotel Parking Facility caused by Licensee Regulations and the equipment at issue is installed and secured in accordance with normal industry practicesTCCs of this Lease, then Licensee the TCCs of this Lease shall either employ alternate construction methods, or isolate the affected equipment, to prevent any further equipment failure in accordance with a plan approved by Licensorcontrol.
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Sources: Office Lease (Salesforce Com Inc)