Common use of Performance of Tenant Improvements Work Clause in Contracts

Performance of Tenant Improvements Work. Tenant shall perform the Tenant Improvements Work diligently and continuously, in a good and workmanlike manner, substantially in accordance with the Tenant Improvements Plans, and in compliance with all Legal Requirements. Tenant shall perform the Tenant Improvements Work in such a manner as not to unreasonably disturb the other tenant of the Building, The Smithsonian Institution Astrophysical Observatory, in the use and enjoyment of its premises. Without limiting the generality of the immediately preceding sentence, Tenant shall, at the request of Landlord, schedule those elements of the Tenant Improvements Work which unreasonably disturb or are likely to unreasonably disturb the other tenant of the Building to be performed during hours other than normal business hours. Landlord shall cooperate with Tenant (at no cost to Landlord) in signing or consenting to applications for such building permits or other permits as may be required for the Tenant Improvements Work. The contractor(s) performing the Tenant Improvements Work shall be subject to the prior written approval of Landlord, which approval shall be given or denied within five (5) Business Days after Tenant proposes a contractor in writing and shall not be unreasonably withheld or conditioned. Landlord may conduct such inspections of the Tenant Improvements Work as Landlord, in its sole discretion, determines. Tenant shall pay to Landlord a fee of $50,000 to compensate Landlord for its time and expenses in connection with the inspection and review of the Tenant Improvements Work, such amount to be paid monthly based on Tenant Improvements Costs incurred. All such inspections and reviews are for the sole benefit of Landlord, and Landlord shall have no liability or obligation to Tenant or any other Person with respect to the Tenant Improvements Work.

Performance of Tenant Improvements Work. From and after the Delivery Date, Tenant shall perform cause the Tenant Improvements Work to be performed diligently and continuously, in a good and workmanlike manner, using new and high quality materials, substantially in accordance with the Tenant Improvements Plans, and in compliance with all Legal Requirements. The Third Party Contractor engaged by Tenant shall perform the Tenant Improvements Work in such a manner as not to unreasonably disturb the other tenant of the Building, The Smithsonian Institution Astrophysical Observatory, in the use and enjoyment of its premises. Without limiting the generality of the immediately preceding sentence, Tenant shall, at the request of Landlord, schedule those elements of the Tenant Improvements Work which unreasonably disturb or are likely to unreasonably disturb the other tenant of the Building to be performed during hours other than normal business hours. Landlord shall cooperate with Tenant (at no cost to Landlord) in signing or consenting to applications for such building permits or other permits as may be required for the Tenant Improvements Work. The contractor(s) performing the Tenant Improvements Work shall be subject to the prior written approval of Landlord, which approval shall be given or denied within five (5) Business Days after Tenant proposes a contractor in writing and shall not be unreasonably withheld withheld, conditioned or conditioneddelayed. Landlord hereby approves its general contractor for the Base Building Work and any of Skanska Building Corporation, ▇▇▇▇▇▇ Construction Corporation or Shawmut Design and Construction, Inc. as Tenant’s Third Party Contractor. Landlord may conduct such inspections of the Tenant Improvements Work as Landlord, in its sole discretion, determines. Tenant shall pay determines (subject to Landlord a fee of $50,000 to compensate Landlord for its time and expenses in connection with the inspection and review of the Tenant Improvements Work, such amount to be paid monthly based on Tenant Improvements Costs incurredThird Party Contractor’s reasonable security requirements). All such inspections and reviews are for the sole benefit of Landlord, and Landlord shall have no liability or obligation to Tenant or any other Person with respect to the Tenant Improvements Work. Tenant shall cause the performance of the Tenant Improvements Work to be coordinated with any ongoing Base Building Work so as not to materially interfere with or delay the performance of the Base Building Work and to maintain harmonious labor relations. From and after the Delivery Date, Tenant, the Third Party Contractor and Tenant’s subcontractors shall have continuous access to the Premises and to the vertical transportation systems in the Building with adequate power continuously available, for purposes of performing the Tenant Improvements Work. In addition, from and after the Delivery Date, the Third Party Contractor and Tenant’s subcontractors shall have the right to accept by written notice to Landlord and thereafter operate portions of the HVAC system in the Building, as needed in connection with the construction of the Tenant Improvements Work, provided that any such acceptance of any portion of the HVAC system by Tenant shall trigger the commencement of the warranty period with respect thereto.