TENANT CONSTRUCTION OF IMPROVEMENTS Clause Samples

POPULAR SAMPLE Copied 2 times
TENANT CONSTRUCTION OF IMPROVEMENTS. THE ADDITION. Tenant covenants and agrees to lawfully and on a lien free basis, construct and install the Buildings pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all applicable laws, rules and regulations. Such Addition shall be completed on or before August 31, 2021 and such construction completion shall be guaranteed by the Guarantors pursuant to the guarantees attached hereto. Landlord covenants and agrees to fund the cost related to the above referenced construction up to the amount described on Exhibit 2 attached hereto (the “Project Budget”). Tenant covenants and agrees that Tenant shall be responsible for any and all costs in excess of the Project Budget. Payments for the Project Budget shall be made based on progress payments based on actual out of pocket expenses incurred to third parties with the balance, if any, paid as a development fee upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Addition. All contractors must submit insurance certificates acceptable to Landlord and naming Landlord prior to commencement of work.
View SourceView Similar (10)
TENANT CONSTRUCTION OF IMPROVEMENTS. Tenant covenants and agrees to lawfully and on a lien free basis, construct and install the improvements to the Buildings pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all applicable laws, rules and regulations. Such improvements shall be completed on or before March 2023. Landlord covenants and agrees to fund the cost related to the above referenced construction up to the amount described on Exhibit 2 attached hereto (the “Project Budget”). Tenant covenants and agrees that Tenant shall be responsible for any and all costs in excess of the Project Budget. Payments for the Project Budget shall be made based on progress payments based on actual out of pocket expenses incurred to third parties with the balance, if any, paid as a development fee upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Addition. All contractors must submit insurance certificates acceptable to Landlord and naming Landlord prior to commencement of work.
View SourceView Similar (3)
TENANT CONSTRUCTION OF IMPROVEMENTS. Tenant covenants and agrees to lawfully and on a lien free basis, to perform the work and construct and install the Buildings (collectively, the “Improvements”) described on Exhibit 2 attached hereto, pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all applicable laws, rules and regulations. Provided that Tenant has received payment from Landlord of the “Sweet Dirt Line Reimbursement for Construction/Materials Provided” line item of the Project Costs itemized on Exhibit 2 (the “Tenant Reimbursement”) by May 22, 2020 (the “Fund Delivery Date”), such Improvements shall be substantially completed on or before October 31, 2020 (the “Substantial Completion Date”) and such construction completion shall be guaranteed by the Guarantors pursuant to the guarantees attached hereto. Any delay in the Fund Delivery Date shall result in a proportionate extension of the Substantial Completion Date. Landlord covenants and agrees to fund the cost related to the above referenced construction up to the amount described on Exhibit 2 attached hereto (the “Project Budget”). The Tenant Parties covenant and agree that the Tenant Parties shall be responsible for any and all costs in excess of the Project Budget necessary to complete the Improvements. Payments for work and materials provided in accordance with the Project Budget shall be made by Landlord directly to third parties, following completion of work and delivery of lien waivers with the balance, if any, to be paid to Tenant as a development fee upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Improvements. All contractors must submit insurance certificates acceptable to Landlord and naming Landlord prior to commencement of work. The Parties hereto expressly acknowledge that this Lease is being entered into at a time when the United States, including Maine, is in the midst of addressing and being affected by the COVID-19 virus pandemic. The Tenant’s anticipated performance under Section 4.3, including meeting the substantial completion date set forth therein, is based on the Tenant’s understanding of current laws, rules, regulations, executive orders, and best practices at the time that t...
View Source
TENANT CONSTRUCTION OF IMPROVEMENTS. THE ADDITION. Tenant covenants and agrees to lawfully and on a lien free basis, construct and install the Greenhouse of 5,040 square feet of greenhouse and a 2,520 head-house and a 2,400 ancillary building pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all applicable laws, rules and regulations. Such Addition shall be completed on or before October 30, 2020 and such construction completion shall be guaranteed by the Guarantors pursuant to the guarantees attached hereto. Landlord covenants and agrees to fund the cost related to the above referenced construction up to the amount described on Exhibit 2 attached hereto (the “Project Budget”). Tenant covenants and agrees that Tenant shall be responsible for any and all costs in excess of the Project Budget. Payments for the Project Budget shall be made based on progress payments based on actual out of pocket expenses incurred to third parties with the balance, if any, paid as a development fee upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Addition. All contractors must submit insurance certificates acceptable to Landlord and naming Landlord prior to commencement of work. In addition to and not by way of limitation of the foregoing, Tenant covenants and agrees to fund the following prior to final release of funds from Landlord: (i) Irrigation/Fertigation System.
View Source
TENANT CONSTRUCTION OF IMPROVEMENTS. THE BUILDINGS. Tenant covenants and agrees to lawfully and on a lien free basis, construct and install the Greenhouse of 15,120 square feet of greenhouse and a 7,520 head house/ancillary space pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all Applicable Laws, rules and regulations. Such Buildings shall be completed on or before August 31, 2020, which such date may be extended upon mutual agreement between the Landlord and Tenant, and such construction completion shall be guaranteed by the Guarantors pursuant to the guarantees attached hereto. Landlord covenants and agrees to fund certain costs of the rolling benches to be installed in the Greenhouse, the total amount shown on Exhibit 4.3 attached hereto (the “Project Budget”). Tenant covenants and agrees that Tenant shall be responsible for any and all costs in excess of the Project Budget. Payments for the Project Budget shall be made based on progress payments based on actual out of pocket expenses incurred to third parties with the balance of the last twenty percent (20%) being paid upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Buildings. All contractors must submit insurance certificates naming Landlord prior to commencement of work. In addition to and not by way of limitation of the foregoing, Tenant covenants and agrees to fund the following prior to final release of funds from Landlord: Security System (for the Buildings) purchase, installation and such being operational; appropriate and applicable fertigation system purchase, install and such being operational; and applicable and appropriate environmental controls purchase, install and such being operational. Purchase of a generator and a second floor of the head house and epoxy flooring installation shall be permitted hereunder but are optional on Tenant’s part.
View Source
TENANT CONSTRUCTION OF IMPROVEMENTS. THE BUILDINGS. Tenant covenants and agrees to lawfully and on a lien free basis, construct and install the Greenhouse of 15,120 square feet of greenhouse and a 7,520 head house/ancillary space pursuant to the plans and specifications jointly agreed upon by Landlord and Tenant, all such construction and installation to be done in accordance with all Applicable Laws, rules and regulations. Such Buildings shall be completed on or before August 31, 2020, which such date may be extended upon mutual agreement between the Landlord and Tenant, and such construction completion shall be guaranteed by the Guarantors pursuant to the guarantees attached hereto. Landlord covenants and agrees to fund certain costs of the rolling benches to be installed in the Greenhouse, the total amount shown on Exhibit 4.3 attached hereto (the “Project Budget”). Tenant covenants and agrees that Tenant shall be responsible for any and all costs in excess of the Project Budget. Payments for the Project Budget shall be made based on progress payments based on actual out of pocket expenses incurred to third parties with the balance of the last twenty percent (20%) being paid upon “completion” which is defined hereunder as the later to occur of: (i) receipt of a Certificate of Occupancy by the applicable local and State authorities, (ii) receipt of lien waivers from all contractors who worked on site, and (iii) the commencement of lawful operations in the Buildings. All contractors must submit insurance certificates naming Landlord prior to commencement of work. In addition to and not by way of limitation of the foregoing, Tenant covenants and agrees to fund the following prior to final release of funds from Landlord: Security System (for the Buildings) purchase, installation and such being operational; appropriate and applicable fertigation system purchase, install and such being operational; and applicable and appropriate environmental controls purchase, install and such being operational. Purchase of a generator and a second floor of the head house and epoxy flooring installation shall be permitted hereunder but are optional on Tenant’s part.
View Source

Related to TENANT CONSTRUCTION OF IMPROVEMENTS

  • Construction of Improvements Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor. 8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice. 8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor. 8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements. 8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority. 8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.

  • Completion of Improvements Within ninety (90) days of completion of any construction herein permitted, Company will cause to be prepared and delivered to Authority record documents as required under the Tenant Work Permit process, including but not limited to as-builts, legal descriptions, boundary surveys, and certified final cost of construction. The submission of record document electronic media will be in accordance with Authority’s Standard Procedure for computer aided design and drafting and drawings, as may be revised from time to time.

  • Condition of Improvements The risk of destruction or substantial damage by fire or Act of God prior to delivery of deed is assumed by Seller. ▇▇▇▇▇▇ agrees that on possession, the Real Estate shall be in the same condition as it is on the date of this contract, except for ordinary wear and tear. If the Real Estate should be damaged or destroyed by fire or other casualty and if, prior to Closing, the real Estate shall not be repaired or restored by and at the Sellers expense, to a condition as good as it was prior to the damage or destruction, then Purchaser, at his option, may terminate this contract by written notice to Seller and the Down Payment Shall be returned to Purchaser. While this contract is pending, Sellers shall not change any existing lease or enter into any new lease, nor make any substantial alterations or repairs without the consent of the Purchaser. In addition, the Purchaser also has an insurable interest in the property from date of this contract. Purchaser is hereby notified that insurance should be placed upon the property immediately to protect Purchasers’ interest.

  • Construction of Tenant Improvements After the Landlord and Ground Lessor (in accordance with Paragraph 12 hereof) approve Tenant’s Plans and Tenant receives any necessary building permits, Tenant shall administer and diligently prosecute the construction of Tenant Improvements in accordance with Tenant’s Plans, in compliance with applicable Laws, and using building standard material, subject to Landlord’s right, at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall be constructed by Tenant’s Contractor (and/or its subcontractors), and Tenant shall be responsible for project management with respect to construction of the Tenant Improvements. During construction of the Tenant Improvements, Tenant and its contractors and subcontractors (i) shall not interfere with the access to, use of, or business conducted within any other portions of the Project by other tenants or occupants, (ii) shall use diligent efforts to coordinate the timing of work, deliveries and other construction matters with tenants or occupants of the Project that could be adversely impacted by such work, deliveries and construction matters, including, without limitation, by scheduling work that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any required shutdown of utilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall not be charged any construction management fee for Landlord’s review of Tenant’s Plans or any oversight of the construction of the Tenant Improvements.