Common use of PREPARATION OF LEASED PREMISES Clause in Contracts

PREPARATION OF LEASED PREMISES. (a) Landlord's Work. Landlord shall construct the Building and the Improvements, and landscape the Parcel (the "Landlord's Work"), pursuant to the construction schedule attached hereto as Exhibit C (the "Construction Schedule"), and in accordance with the plans and specifications attached hereto as Exhibit D-1 (the "Construction Plans"). Landlord represents and warrants that, upon substantial completion of the Building and Improvements, the Building and Improvements shall comply with all laws, statutes, ordinances, and governmental rules, regulations, guidelines, orders, and decrees now or hereafter affecting or relating to the Leased Premises or the use thereof (the "Applicable Laws"); except for Applicable Laws that are applicable because of: (i) a special or unusual use of the Leased Premises; or (ii) alterations or additions made by Tenant to the Leased Premises. Landlord shall cooperate with efforts by Tenant to determine the permits or governmental authorizations, if any, that are necessary for the installation of Tenant's distribution/warehouse fixtures and equipment; provided that Tenant shall be responsible for obtaining all such permits and authorizations. Landlord's Work shall be performed under a timely recorded no-lien construction contract, which, by a separate document, shall be collaterally assigned to Tenant to secure the obligation of Landlord to complete Landlord's Work. All change orders with respect to Landlord's Work shall be requested, implemented, and paid for in accordance with the terms and conditions of Exhibit D-4, attached hereto. Landlord shall obtain all permits and governmental authorizations necessary for the completion of Landlord's Work.

PREPARATION OF LEASED PREMISES. (a) Landlord agrees to perform and complete the Building standard work required of Landlord for preparation of the Leased Premises for occupancy by Tenant as set forth in Landlord's Workand Tenant's Work Letter ("Work Letter") attached hereto and hereby made a part hereof and marked Exhibit B. If Tenant shall have previously deposited money with Landlord to pay estimated costs for work beyond Building Standard Work and the amount so deposited should exceed the actual costs of such work, less the Building standard work, Landlord shall refund to Tenant the excess amount of such deposit as a credit on Rental next due. Landlord shall construct the Building and the Improvements, and landscape the Parcel (the "Landlord's Work"), pursuant complete all such work prior to the construction schedule attached hereto as Exhibit C stated Commencement Date of the Term subject to events and delays beyond its reasonable control. Thirty (30) days prior to the "Construction Schedule"), and date by which the work to be performed by Landlord in accordance with the plans terms of Exhibit B shall be substantially completed, or earlier with the consent of Landlord, Tenant shall have the right and specifications attached hereto as privilege of going onto the Leased Premises to complete interior decoration work and otherwise complete preparation of the Leased Premises for Tenant's occupancy; provided, however, that Tenant's schedule for such work shall be communicated to Landlord who shall have the right to reschedule such work to avoid interference with other work of Landlord pursuant to Exhibit D-1 (B. Landlord shall keep Tenant advised of the "Construction Plans"). Landlord represents and warrants that, upon substantial status of completion of the Building construction and Improvements, the Building and Improvements shall comply with all laws, statutes, ordinances, and governmental rules, regulations, guidelines, orders, and decrees now or hereafter affecting or relating to the Leased Premises or the use thereof (the "Applicable Laws"); except for Applicable Laws that are applicable because of: (i) a special or unusual use of the Leased Premises; or (ii) alterations or additions made by Tenant to anticipated completion date for the Leased Premises. Landlord shall cooperate with efforts notify Tenant when the work to be performed by Tenant to determine the permits or governmental authorizations, if any, that are necessary for the installation of Tenant's distribution/warehouse fixtures and equipment; provided that Landlord is substantially completed. Tenant shall be responsible for obtaining all such permits and authorizations. Landlord's Work shall be performed under a timely recorded no-lien construction contract, which, abide by a separate document, shall be collaterally assigned to Tenant to secure the obligation of Landlord to complete Landlord's Work. All change orders with respect to Landlord's Work shall be requested, implemented, and paid for in accordance with the terms of the Work Letter and conditions shall specifically meet all of Exhibit D-4, attached hereto. Landlord shall obtain all permits and governmental authorizations necessary for the completion of Landlord's Worktime deadlines imposed therein.

PREPARATION OF LEASED PREMISES. (a) Landlord's Work. Landlord shall construct 4.1 TENANT shall, at TENANT’s sole cost and expense prepare the Building and Leased Premises for TENANT’s occupancy provided that all TENANT’S plans for the Improvements, and landscape the Parcel TENANT’S improvements (the "Landlord's Work"), pursuant to “Tenant Improvements”) must be approved in advance in writing by LANDLORD. LANDLORD shall review and approve or disapprove construction plans and drawings for the construction schedule attached hereto as Exhibit C Leased Premises submitted by TENANT within ten (the "Construction Schedule"), 10) business days after LANDLORD’S receipt of a full and in accordance with the complete set of plans and specifications attached hereto as Exhibit D-1 for same. LANDLORD’S failure to respond to TENANT’S submission within such ten (10) business days shall be deemed LANDLORD’S disapproval of same. 4.2 TENANT shall have the "Construction Plans"). Landlord represents responsibility, at TENANT’S sole cost and warrants thatexpense, upon substantial completion of for obtaining all approvals and permits from the Building and Improvements, the Building and Improvements shall comply with all laws, statutes, ordinances, and governmental rules, regulations, guidelines, orders, and decrees now or hereafter affecting or relating to authorities having jurisdiction over the Leased Premises or for the use thereof (the "Applicable Laws"); except for Applicable Laws that are applicable because of: (i) a special or unusual use construction of the Leased Premises; or (ii) alterations or additions made by Tenant to the Leased PremisesImprovements. Landlord shall cooperate with efforts by Tenant to determine the permits or governmental authorizations, if any, that are necessary for the installation of Tenant's distribution/warehouse fixtures and equipment; provided that Tenant TENANT shall be responsible for obtaining builder’s risk and all other insurance as required for the construction of the Tenant Improvements prior to and during the construction TENANT shall cause the Tenant. TENANT shall, at its sole cost and expense, arrange for and install cable connections to fiber providers located in the Equipment Room or in other areas of the Building designated by the LANDLORD, with such installation being subject to the prior written approval of LANDLORD. LANDLORD’s approval shall not be unreasonably withheld, provided that the installation by TENANT be accomplished by qualified technicians and comply with all county code ordinances and that such installation further comply with all governmental requirements and acceptable industry standards. 4.3 Improvements to be constructed free of any mechanic’s or material man’s lien, claim, or charge and shall indemnify LANDLORD against any and all such permits liability that may arise on account of the construction of the Tenant Improvements for which TENANT is responsible. TENANT shall record a Notice of Commencement prior to the start of construction and authorizations. Landlord's Work shall be performed under a timely recorded no-cause all contractors, suppliers and others furnishing services for the construction to file lien construction contract, which, by a separate document, shall be collaterally assigned to Tenant to secure the obligation of Landlord to complete Landlord's Work. All change orders with respect to Landlord's Work shall be requested, implemented, waivers and paid for releases as work progresses in accordance with local lien law. LANDLORD shall have the terms and conditions right to periodically enter the space to observe the progress of Exhibit D-4the construction; however, attached heretosuch observation shall not be construed to be an acceptance of the improvements or any portion thereof. Landlord shall obtain all permits and governmental authorizations necessary Except for the completion of Landlord's Workimprovements approved in advance by LANDLORD in writing, TENANT shall not make or have made any alterations, modifications, additions, installations, changes or improvements to the Leased Premises.