Common use of Tenant Improvements Clause in Contracts

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 3 contracts

Sources: Lease Agreement (Endologix Inc /De/), Lease Agreement (TriVascular Technologies, Inc.), Lease Agreement (TriVascular Technologies, Inc.)

Tenant Improvements. Landlord shallThe tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises pursuant to approved plans and specifications. Tenant shall employ its own architect and general contractor in constructing the Tenant Improvements, at subject to Landlord’s sole costreasonable prior approval. Notwithstanding the foregoing, insure that all systemsif the Tenant Improvement work requires a permit from the City of San Diego, such as electrical, plumbing, and HVAC, then the general contractor shall be in good operating condition upon selected and engaged by Tenant on the commencement basis of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to competitive bid involving 3 pre-selected general contractors reasonably approved by Landlord and Tenant. The Tenant Improvement work shall be completed by the general contractor with the lowest bid. The work shall be undertaken and prosecuted in accordance with the following requirements (provided that, to the extent Tenant elects to perform Tenant Improvements without applying the Landlord Contribution (defined below) to the payment of such Tenant Improvements, then (except with respect to Tenant’s right to apply the Landlord Contribution towards the Basic Rent Credit as set forth below) this Work Letter shall not apply, and Section 7.3 of the Lease shall be solely applicable to such Tenant Improvements, which shall constitute Alterations for all purposes thereunder): A. Concurrently with approval being granted by Tenant, the space plans, construction drawings and specifications for all improvements and finishes, together with any changes thereto for the Tenant Improvements, shall be submitted to Landlord (with samples as required) for review and approval by Landlord and its architect for the Project (as described in Article I of the Lease). In lieu of disapproving an item, Landlord may approve same on the condition that Tenant pay to Landlord, prior to the start of construction and in addition to all sums otherwise due hereunder, an amount equal to the cost, as reasonably estimated by Landlord, of removing and replacing the item upon the expiration or termination of the Lease. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the extent of any remaining balance of the “Landlord Contribution”, Tenant shall, in addition to its other obligations herein, promptly fund the cost thereof to Landlord. B. All fees and permits necessary for construction drawings prepared by Tenant’s architect shall follow Landlord’s Work (including but not limited CAD standards, which standards shall be provided to Tenant or its architect upon request. C. Landlord shall, subject to the foregoing, approve or disapprove any submittal of plans or specifications by Tenant within 5 business days following receipt thereof by Landlord. D. Tenant shall use the electrical, mechanical, plumbing and fire and fire/life safety equipment) will be at engineers and subcontractors designated by Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) All other subcontractors shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related subject to Landlord’s representative or reasonable approval. E. Tenant shall deliver to Landlord a copy of the final application for permit and issued permit for the construction work, if any. F. Tenant’s representativegeneral contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on third party contractors, as including without limitation all insurance coverage requirements and the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. G. A construction schedule shall be provided to Landlord prior to commencement of the other party, including the other party’s architects, engineersconstruction work, and contractors or any weekly updates shall be supplied during the progress of their agents or employees, with regard to matters covered by this Lease. Either the work. H. Tenant shall give Landlord or Tenant may change its representative at any time by 10 days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted. I. Tenant and its general contractor shall attend weekly job meetings with Landlord’s construction manager for the otherProject.

Appears in 3 contracts

Sources: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Tenant Improvements. Landlord shallTenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s sole costpayment of the Improvement Allowance), insure the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all systemsdirect and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, such as electricalwithout limitation, plumbingall costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and HVACother construction costs, shall the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in good operating condition Section 15 of this Lease, Landlord may require Tenant to remove same upon the commencement expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be responsible, at performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s costcontractors in all ways to ensure the efficient and expeditious scheduling, to repair all existing roof leaks staging and remove existing mold performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or mildew resulting from such leaks (“for Landlord or its tenants and shall be performed in harmony with Landlord’s Work”)contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall engage ▇▇▇▇▇▇▇ Group Services, have the right to order Tenant or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation any of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. contractors who violate the requirements imposed on Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representativecontractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as the case may beamended hereby. Neither party will [ILLEGIBLE] During Tenant’s design, construction and will not give any instructions or authorizations to, any other employee or agent installation of the other partyTenant Improvements, including Tenant shall pay for all Building services and utilities, if and to the other party’s architectsextent required, engineers(i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and contractors or any of their agents or employees(ii) in accordance with this Lease from and after April 1, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other2017.

Appears in 3 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systemsshall cause the Core and Shell Contractor or another Contractor designated by Landlord and approved by Tenant, such as electrical, plumbingconsent not to be unreasonably withheld or delayed (“TI Contractor”, and HVACtogether with Core and Shell Contractor, “Contractor”) to commence and thereafter diligently prosecute the construction of the tenant improvements in the Premises pursuant to the Work Letter (the “Tenant Improvements”); provided, however, that before performing the Tenant Improvements, Landlord shall be prepare in good operating condition upon faith an estimated budget for the commencement construction of the Lease Term. Landlord shall also be responsible, at LandlordTenant Improvements and deliver such budget to Tenant for Tenant’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks written approval prior the start of construction (the Landlord’s WorkBudget”). Landlord and Tenant shall engage ▇▇▇▇▇▇▇ Group Serviceswork together cooperatively and in good faith to achieve a mutually acceptable Budget. Landlord shall update the Budget for Tenant’s review and approval at reasonable intervals and shall notify Tenant in writing if the Budget is likely to be exceeded. If there is an indication that the Budget is likely to be exceeded, or a similar company that provides occupational healthLandlord and Tenant shall work together cooperatively, safety and environmental risk information if required by Tenant, to perform an environmental assessment modify the scope of the mold Tenant Improvements to bring the same in line with a budget reasonably acceptable to Tenant. The Tenant Improvements shall be performed in a workmanlike manner and mildew included shall substantially conform with Applicable Laws and the Approved TI Plans (as defined in Landlord’s the Work Letter). Tenant shall pay all TI Costs, except that Landlord shall pay for TI Costs that do not exceed the TI Allowance. The “TI Allowance” shall mean (a) One Hundred Twenty Five Dollars ($125.00) per rentable square foot of the Premises (the “Air Quality AssessmentInitial TI Allowance”), together with (b) the Additional Allowance. The “TI Costs” shall mean all Tenant Core and Shell Costs (as defined in the Work Letter) and all costs and expenses of performing the TI Work, including without limitation the hard and soft costs of (i) construction, (ii) the Construction Management Fee (as such term is defined in the Work Letter) and any Project or construction management fees paid by Tenant to an unaffiliated third party (such fees not to exceed three percent (3%) of the TI Allowance), (iii) space planning, design, architect, engineering, data and phone cabling and other related services, (iv) costs and expenses for labor, material, equipment, data and phone cabling and fixtures (including, without limitation, any of the Attached Property (as defined in Section 18.5), (v) building permits and other taxes, fees, charges and levies by governmental and quasi-governmental agencies for permits or for inspections of the Tenant Improvements, and (vi) the Warm Shell Costs. In no event shall the TI Allowance be used for: (w) the purchase of any furniture, personal property or other non-building system equipment, (x) costs resulting from a Tenant Delay, (y) costs resulting from any default by Tenant of its obligations under this Lease, or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). In the event the estimated total TI Costs (as set forth in the Budget) exceed the TI Allowance, Tenant shall deposit with Landlord such overage (the “TI Allowance Excess”), within five (5) business days of receiving the Budget (the “TI Deposit”). In the event Landlord determines the estimate of the TI Costs set forth in the Budget underestimates the amount of TI Costs so that the TI Deposit will not be sufficient to cover the TI Allowance Excess, then Landlord shall not perform Landlord’s Work until communicate the Air Quality Assessment has been performed and suggested remediationsame to Tenant and, if anyrequired by Tenant, has been delivered the parties shall discuss revisions to Landlord the Budget and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited Tenant may make a TI Tenant Change Order Request to electrical, mechanicalreduce TI Costs, and fire unless the TI Costs are reduced to be within the Budget and life safety equipment) will be at previously paid TI Deposit, Tenant shall promptly pay the additional amount to Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) such additional amount shall be Tenant’s sole responsibility and cost. added to the TI Deposit. If the sum of the TI Allowance plus the TI Deposit is not sufficient to cover the TI Costs, Tenant shall reimburse Landlord the difference between (a) the TI Costs and (b) the sum of the TI Allowance and the TI Deposit. However, Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as shall be solely responsible for any costs related to the Tenant Improvements to the extent the same result from Landlord’s representative gross negligence, intentional misconduct or breach of Lease. Landlord and Tenant shall work together cooperatively at no cost or risk to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as to maximize Tenant’s representative ability, to act for Tenant in all construction matters. All inquiriesthe extent reasonably possible, requests, instructions, authorizations to obtain the benefit of any applicable research and other communications development tax credits with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 3 contracts

Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Tenant Improvements. Tenant shall make certain alterations, additions or improvements to the Premises in accordance with plans and specifications to be reviewed and approved by Landlord as set forth in Paragraph 6.5 and this Paragraph 2.3 (as used herein, the “Tenant Improvements”), at its sole cost and expense. Landlord may, but shall not be required to, engage a local construction manager to supervise such Tenant Improvements and such construction manager shall have full access to the Premises in connection with such supervision. The Tenant Improvements shall be performed by a Washington licensed and bonded contractor reasonably acceptable to Landlord and Washington licensed and bonded subcontractors. Prior to commencing construction of any Tenant Improvements, Tenant shall provide a copy of Tenant’s preliminary plans and specifications for the Tenant Improvements (collectively, “Tenant’s Preliminary Plans”) to Landlord for Landlord’s review and approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall, at Landlordwithin ten (10) business days after receipt thereof, either provide comments to or approve Tenant’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease TermPreliminary Plans. Landlord shall also be responsibledeemed to have disapproved Tenant’s Preliminary Plans if Landlord does not timely provide its comments thereto. If Landlord provides Tenant with comments to Tenant’s Preliminary Plans, at LandlordTenant shall provide revised Tenant’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered Preliminary Plans to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ incorporating ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative comments. Landlord shall either provide comments to act for Landlord in all construction matterssuch revised Tenant’s Preliminary Plans within ten (1OJ business days or approve them. Tenant hereby appoints ▇▇▇ The process described above shall be repeated, if necessary, until ▇▇▇▇▇▇▇ as ’s Preliminary Plans for the Tenant Improvements have been finally approved by Tenant and Landlord (upon such approval, the “Tenant’s representative to act for Final Plans”). ▇▇▇▇▇▇ agrees that ii shall not commence construction of the Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative Improvements or any portion thereof until Tenant’s representativeFinal Plans have been finally approved by Landlord. The Tenant Improvements shall comply with Tenant’s Final Plans, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineersall Applicable Laws, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherall permits and governmental approvals.

Appears in 2 contracts

Sources: Lease Agreement (Evotec SE), Lease Agreement (Evotec AG)

Tenant Improvements. Landlord shallis providing the basic Premises in its current “AS IS” condition, at Landlord’s sole cost, insure that all systems, such as electrical, plumbingwithout representation or warranty of any kind, and HVACLandlord shall have no obligation to make any modifications or alterations to the Premises except as specifically set forth in this Section 17.1. Notwithstanding the foregoing, shall be in good operating condition upon Landlord agrees at its sole cost to (i) construct demising walls to separate the commencement Premises from the remainder of the Lease Term. Building, (ii) install separate meters to measure the gas and electricity being used at the Premises; and (iii) physically separate the fire sprinkler system serving the Premises (the “Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s WorkImprovements”). Landlord shall engage ▇▇▇▇▇▇▇ Group Servicescomplete the Landlord Improvements in compliance with all applicable Laws. Item (iii) of the Landlord improvements shall include physically repositioning any fire sprinkler heads required for the construction of the demising walls; item (iii) of the Landlord Improvements shall specifically exclude any other alterations to the fire sprinkler system in the Premises, or a similar company any alterations to the fire sprinkler system in the Premises that provides occupational healthare required to comply with any Laws; notwithstanding anything to the contrary in this Lease, safety any such alterations to the fire sprinkler system in the Premises, to the extent required by Tenant or applicable Laws, shall be completed by Tenant at its sole cost and environmental risk information expense. Landlord agrees to perform an environmental assessment of coordinate the mold and mildew included in Landlord’s Work tenant improvements (the “Air Quality AssessmentTenant Improvements”) described on Exhibit 17.1.1 attached hereto. The costs of the Tenant Improvements shall be the sole responsibility of Tenant; provided, however, that Landlord shall provide Tenant with an allowance of up to $120,000.00 (the “Allowance”). Landlord shall not perform use the Allowance to pay: (1) all costs and expenses directly incurred by Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered in the construction of the Tenant Improvements (including all applicable licenses and permits); (2) all costs and expenses directly incurred by Landlord for the preparation or review of all plans and specifications for the Tenant Improvements; and (3) a construction supervision fee to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electricalconstruction agent, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints CB ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ , equal to 6% of the actual costs of construction of the Tenant Improvements. If the cost of the Tenant Improvements exceeds the Allowance, then Tenant shall pay such excess cost to Landlord as Landlord’s representative Additional Rent pursuant to act Section 2.2. If the cost of the Tenant Improvements is less than the Allowance, then Tenant shall not be entitled to any payment or credit for Landlord in all construction matterssuch excess amount. Any other improvements made to the Premises by Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as shall be at Tenant’s representative to act for Tenant in all construction matters. All inquiriessole expense, requests, instructions, authorizations and other communications with respect to construction matters shall be related deemed an “Alteration” subject to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Article 8 of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 2 contracts

Sources: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Tenant Improvements. Tenant shall have the right, but not the obligation, to perform the following improvements at Tenant’s expense in the Expansion Space: a) Demolish the existing office space; b) Construct approximately 40,000 square feet of additional freezer/cooler space and other associated tenant related improvements; and c) Replace the warehouse lighting. In connection with any improvements to the Premises that Tenant desires to make, Tenant shall be responsible for the design and development of final layout plans and specifications for the Premises (“Tenant Improvement Plans”). All real property improvements to be constructed as shown on the Tenant Improvement Plans shall be defined as “Tenant Improvements.” If Landlord shallreasonably determines that Tenant is required to obtain a building permit for construction of the Tenant Improvements, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, then the Tenant Improvement Plans shall be in good operating condition upon a form acceptable to, and containing all information required by, the commencement City of Auburn. Tenant shall obtain all necessary building permits and other governmental approvals prior to commencing any of the Lease TermTenant Improvements described in this Paragraph 7. Tenant shall submit to Landlord two (2) copies of the Tenant Improvement Plans. Landlord shall also be responsibleeither approve or disapprove of the Tenant Improvement Plans within ten (10) days and, at if approved, return a signed, approved copy to Tenant. Landlord’s costapproval shall not be unreasonably withheld or delayed. In the event that the Tenant Improvement Plans are not approved by Landlord, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment inform Tenant of the mold reasons for such disapproval and mildew included Tenant shall have five (5) business days in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered which to submit revised Tenant Improvement Plans to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but approval, which approval shall not limited be unreasonably withheld or delayed. Tenant shall not unreasonably refuse to electrical, mechanical, and fire and life safety equipment) will be at satisfy any objections made by Landlord to said Tenant Improvement Plans. Any objections Tenant has to Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) objection shall be Tenant’s sole responsibility and cost. submitted to Landlord in writing within said five (a5) Landlord hereby appoints ▇▇day period. A failure of one party to give any notice to the other party within such five (5) day period shall be deemed to constitute approval of the Tenant Improvement Plans or the objections thereto, as appropriate. ▇▇▇▇ ▇▇▇▇▇▇▇▇’s approval of the Tenant Improvement Plans, Tenant may enter into a contract for construction of the Tenant Improvements. Within five (5) business days of doing so (but in any case prior to the contractor commencing any work), Tenant shall provide Landlord with a copy of the executed contract for construction of the Tenant Improvements. The contractor and subcontractors retained shall be commercial contractors and subcontractors licensed and bonded by the State of Washington. Tenant shall be solely responsible for the construction of Tenant Improvements. The construction of all Tenant Improvements to be made on the Premises shall be performed in a first-▇▇▇▇ as class manner consistent with other construction in the Building and in conformity with all applicable governmental laws, ordinances, rules, orders, regulations, and other requirements. Landlord or Landlord’s representative agents shall have the right to act for inspect the construction work being conducted by Tenant during the progress thereof. If Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to or Landlord’s representative agents shall give notice of faulty construction or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of material deviation from the other partyapproved Tenant Improvement Plans, including the other party’s architects, engineers, and Tenant agrees to cause its contractors or any of their agents or employeessubcontractors to make corrections promptly. However, with regard neither the privilege herein granted to matters covered by this Lease. Either Landlord or its agents to make inspections, nor the making of such inspections by Landlord or Landlord’s agents, shall operate as a waiver of any right of Landlord to require workmanlike construction and improvements erected in substantial accordance with the Tenant may change its representative at any time by written notice to the otherImprovement Plans.

Appears in 2 contracts

Sources: Lease Agreement (United Natural Foods Inc), Lease Agreement (United Natural Foods Inc)

Tenant Improvements. Following the date on which Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, has ------------------- tendered the Premises to Tenant (which shall be in good operating condition upon the commencement substantial completion of Landlord's construction of the Lease Term. Landlord shall also be responsibleBuilding), at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work tenant improvements (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment"Improvements") shall be constructed at Tenant’s sole responsibility and cost's expense, except as provided ------------- below. (a1) Tenant shall bear the entire cost of performing the Work (defined below) relating to the Improvements (including, without limitation, design of the Improvements and preparation of the Working Drawings, costs of construction labor and materials, electrical usage during construction, additional janitorial services, general tenant signage, related taxes and insurance costs relating thereto, all of which costs are herein collectively called the "Total Construction Costs") in excess of the ------------------------ Construction Allowance. Upon approval of the Working Drawings for the Improvements and selection of a contractor, Tenant shall promptly execute a work order agreement prepared by Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ which identifies such drawings, itemizes the Total Construction Costs and sets forth the Construction Allowance. (2) Provided no Event of Default exists, Landlord shall provide to Tenant a construction allowance for the Improvements (the "Construction ------------ Allowance") equal to the lesser of (A) the Total Construction Costs --------- incurred for the Improvements or (B) the product of $15.00 times the actual rentable area of the Premises (as determined by Landlord’s representative 's architect pursuant to act for Landlord Section 1.(a)). To the extent Tenant is entitled to receive such allowance, the construction allowance shall be disbursed in all construction mattersmonthly advances based on the costs of the work incurred. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ shall submit to Landlord (but not more frequently than once per month) construction allowance requests accompanied by all invoices from contractors, subcontractors, and suppliers evidencing the cost of performing the Work for which the request is being submitted, together with lien waivers from such parties. Provided that no Event of Default exists, Landlord shall make advances of the construction allowances within ten days after its receipt of the advance request accompanied by the appropriate documentation; however, the final draw of the Construction Allowance, which ---------------------- shall not be less than 10% of the amount of such allowance, shall not be disbursed until Landlord has received final lien waivers from all persons performing work or supplying materials for the Improvements and a certificate of occupancy from the appropriate governmental authority, if applicable to the Work for the Improvements, or, if applicable, evidence of governmental inspection and approval of the Work for the Improvements. Tenant shall have the right to apply any unused portion of the Construction Allowance toward other non-specific improvements relating to the finish-out of the Premises. If Landlord constructs the Improvements on behalf of Tenant, then all costs relating to the construction thereof and of other improvements requested by Tenant such as Tenant’s representative to act for Tenant a skybridge, energy management system and monument sign, in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters excess of the Construction Allowance shall be related payable to Landlord’s representative or Tenant’s representative, ---------------------- Landlord as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineersadditional rent, and contractors or any such excess amount shall be amortized on a monthly basis over the Term using an interest rate of their agents or employeeseleven percent (11%). Such excess amount shall not be greater than $500,000; however, with regard to matters covered by such other improvements which are not essentially "building standard" in nature (such as those set forth in this Lease. Either Landlord or Tenant may change its representative at any time by written notice to paragraph) shall not exceed the othersum of $300,000.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance and in accordance with the Approved Plans (as defined below), the Schedule, the Approved Budget, the Amended Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Tenant commences the Tenant Improvements. Any actual Excess TI Costs shall be related distributed by Landlord in accordance with Section 6.3. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord’s representative or , Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s representativerent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the case may besame way that Tenant deposited the initial Excess TI Costs. Neither party will [ILLEGIBLE] and will not give any instructions If Tenant fails to pay, or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Amended Lease for nonpayment of rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered rent. All material and equipment furnished by this LeaseTenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building standard. Either Landlord Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or Tenant may change its representative at temporarily removing any time by written notice window coverings so as to the otherguard against dust, debris or damage.

Appears in 2 contracts

Sources: Sublease Agreement (Locust Walk Acquisition Corp.), Standard Industrial Net Lease (Trovagene, Inc.)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall be related pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s representative initial projection, then Landlord may notify Tenant and Tenant shall pay any additional Excess TI Costs in the same way that Tenant paid the initial Excess TI Costs. If Tenant fails to pay, or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 17 of the Lease, the terms of this Work Letter shall govern.

Appears in 2 contracts

Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms of the Lease, the Additional TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall be related pay the costs of the Tenant Improvements prior to Landlord’s representative expenditure of all or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent portion of the other partyTI Allowance. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and cease funding any TI Allowance until Tenant has paid such additional Excess TI Costs towards the costs of the Tenant Improvements. If Tenant fails to pay any sum due to Landlord under this Work Letter, then Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 17 of the Lease, the terms of this Work Letter shall govern.

Appears in 2 contracts

Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)

Tenant Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties, is or will be attached as Appendix 1. (b) Landlord shallshall cause the Tenant Improvements (the “Tenant Improvements”) described on the Space Plan to be completed in accordance with the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties. The Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Tenant’s sole cost and expense, subject to the TI Allowance. (c) Landlord shall cause the Tenant Improvement Plans to be prepared. Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within one week after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within one week after receipt of Tenant’s comments. Tenant shall within one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant. (d) All bids and all costs will be provided to Tenant for approval per an “open book” process. The cost of the Tenant Improvements shall be calculated at Landlord’s sole actual cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Termwith no additional markup or profit to Landlord. Landlord shall also be responsibleprovide Tenant with reasonable input into the bidding process (including bid review) so long as Tenant’s actions do not delay such process or the completion of the Tenant Improvements; provided, at Landlord’s costhowever, that Landlord reserves the sole right and discretion, acting reasonably, to repair make all existing roof leaks final decisions regarding selection of contractors, subcontractors and remove existing mold material suppliers, unless (except for all design/build subcontractors, that is, fire/life safety, mechanical, electrical and plumbing subcontractors, which shall not be subject to the following limitation) Tenant, acting reasonably, objects within five (5) business days after the acceptance of any bid of any subcontractor or mildew resulting material supplier to such bid as being an above-market bid (which objection shall be accompanied by a statement of the correct amount of a market bid and reasonable supporting evidence for such statement, such as, for example, a market bid from another reputable subcontractor or material supplier), in which case Landlord shall either cause such leaks (“Landlord’s Work”)subcontractor or material supplier to reduce its bid to a market bid, or designate to Tenant another subcontractor or material supplier that provides a market bid. Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesnegotiate with its architects, or a similar company contractors and suppliers to ensure that provides occupational health, safety the design and environmental risk information to perform an environmental assessment construction of the mold Tenant Improvements are completed using high quality materials and mildew included in Landlord’s Work workmanship, with such materials and workmanship being completed at fair market/industry standard costs. (e) Within five (5) business days following the “Air Quality Assessment”). award of all bids for the Tenant Improvements, Landlord shall not perform Landlord’s Work until prepare or caused to be prepared on an open-book basis a construction budget for the Air Quality Assessment has been performed Tenant Improvements, which shall reflect the costs set forth in all of such bids and suggested remediation, if any, has been delivered shall be submitted to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary Tenant for Tenant’s installation approval. Tenant shall have five (5) business days following receipt of such budget to approve or request clarifications to the same and/or to perform value engineering and make changes to the Tenant Improvement Plans. Tenant shall be deemed to have approved such budget if Tenant does not timely provide comments on such budget. If Tenant provides Landlord with comments to the initial draft of such budget, Landlord shall provide a revised construction budget to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s equipmentcomments. Tenant shall within three (3) business days after receipt then either provide comments to such revised budget or approve such budget. Tenant shall be deemed to have approved such revised budget if Tenant does not timely provide comments on such budget. The process described above shall be repeated, furniture and fixtures (including but not limited if necessary, until such budget finally has been approved by Tenant. On Tenant’s approval of the budget, Landlord shall submit to electrical, mechanical, crane, racking, emissions, effluentTenant for Tenant’s signature a “Notice To Proceed With Construction” agreement which shall itemize all costs associated with the Tenant Improvements, and fire include Tenant’s agreement to pay for any such improvement costs in excess of the TI Allowance. Tenant shall execute the Notice to Proceed with Construction within three (3) business days after Tenant’s receipt of the same and life safety equipmentprior to construction. (f) Landlord shall provide project management services in connection with the construction of the Tenant Improvements and the Change Orders (defined below). Such project management services shall be performed at Tenant’s sole responsibility cost and costexpense, subject to the TI Allowance, for a fee of five percent (5%) of all costs related to the preparation of the Tenant Improvement Plans and the construction of the Tenant Improvements and the Change Orders. Except for the fee described in the immediately preceding sentence, and for the general conditions, overhead and profit of the general contractor, no other administrative or supervisory fee shall be payable by Tenant in connection with the Tenant Improvements or Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements. (ag) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ Beginning with the Premises in their current “as Landlord’s representative is” condition as of the date of the Amendment, all improvements to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as the Premises shall be made at Tenant’s representative to act for Tenant in all construction matters. All inquiriessole cost and expense, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice subject only to the otherTI Allowance.

Appears in 2 contracts

Sources: Lease Agreement (Medallion Financial Corp), Agreement of Lease

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall be related pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the base TI Allowance. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s representative initial projection, then Landlord may notify Tenant and Tenant shall pay any additional Excess TI Costs in the same way that Tenant pays the initial Excess TI Costs. If Tenant fails to pay, or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage and ensuring compliance with the Contractor Rules and Regulations. All Tenant Improvements shall be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 17 of the Lease, the terms of this Work Letter shall govern. If applicable, all vivarium or critical operation areas must have dedicated HVAC and electrical systems serving those areas.

Appears in 2 contracts

Sources: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be will provide Tenant with an improvement allowance in good operating condition upon the commencement maximum amount of $105,000.00 (the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (Landlord’s WorkAllowance”). The Allowance shall be used by Tenant solely for improvements to the Premises as previously approved by Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesin writing on the attached Exhibit A, or including office space, a similar company that provides occupational healthcustomer waiting area, safety and environmental risk information to perform an environmental assessment of new lighting; but in no event may the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationAllowance be used for personal property, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, data cabling and fire and life safety equipment) will be at Landlord’s expensewiring. Any fees and permits necessary for Tenant’s installation After completion of Tenant’s equipmentwork and the expiration of the statutory period in which mechanics and materialmen can file liens or the furnishing of lien releases acceptable to Landlord from all contractors and suppliers, furniture Tenant shall deliver to Landlord a copy of the construction contract, all bills and fixtures invoices and such other documentation as Landlord may reasonably require to evidence payment of the expenses incurred by Tenant for which Tenant seeks reimbursement of the Allowance. Upon Landlord’s receipt of such items and verification of Tenant’s costs. Landlord shall pay to Tenant the Allowance, reduced by any Landlord project management fee, within fifteen (including 15) days of receipt of all of such documentation and verification. Landlord’s project management fee shall not exceed $750, provided Landlord has approved, in writing, all mechanical, electrical and plumbing contractors selected by Tenant for the Tenant Improvements. Landlord reserves the right, but not limited the obligation, to electricalcharge a three percent (3%) project management fee on the total cost of the Tenant Improvements should Tenant use a contractors) that has not been approved by the Landlord. Tenant must request reimbursement of the Allowance pursuant to this Paragraph 4 no later than December 31, mechanical2012. If Tenant does not timely make such request, crane, racking, emissions, effluentthen all of Tenant’s rights to such Allowance or any portion thereof shall automatically terminate and be null and void as of such date, and fire and life safety equipment) Tenant shall no longer be entitled to any portion or all of the Allowance. In the event the costs of the approved improvements for which Tenant seeks reimbursement are less than the full amount of the Allowance, Landlord shall be obligated to reimburse Tenant only the actual amount of such costs, and Tenant shall not be entitled to payment or credit of any remaining balance. In the event the costs of Tenant’s sole responsibility improvements to the Premises exceed the Allowance, Tenant and cost. (a) not Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇shall be solely responsible for such excess amounts. The provisions of this Paragraph 4 shall supersede any other improvement allowances, Landlord build-▇▇▇▇ as out obligations, and reimbursements previously set forth in the Lease, Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications performance obligations having been satisfied with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherthereto.

Appears in 2 contracts

Sources: Lease (Control4 Corp), Lease (Control4 Corp)

Tenant Improvements. Tenant and Landlord shallhave agreed that Tenant Project Architect, at Landlord’s sole costRRM, insure that will work as both the Tenant Project Architect and the Landlord Project Architect to design and complete both the Landlord Improvements and Tenant Improvements, though all systems, such as electrical, plumbing, and HVAC, work shall be in good operating condition upon done under separate contracts, with each party responsible for the commencement payment obligations of the Lease Termits own contract. Landlord shall The Parties also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company acknowledge that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-’s General Contractor is JW Design. Tenant may use JW Design for its Tenant Improvements or another general contractor. If Tenant uses Landlord’s General Contractor, Tenant Improvement work shall be done pursuant to the separate Tenant General Contract. If ▇▇▇▇▇▇ as uses a general contractor for Tenant Improvements other than JW Design, both Tenant’s General Contract and the Tenant General Contractor shall be subject to Landlord’s representative approval, which shall not be unreasonably withheld, conditioned or delayed, provided such Tenant General Contractor is financially qualified, licensed, insured, and possess the experience necessary to act for Landlord in all construction matterscomplete a project of the size, scope and quality contemplated by .this Lease, but with the limitation that Landlord’s approval of the Tenant General Contract shall not be conditioned on changes to the Tenant General Contract that increase the costs of such contract to Tenant. Tenant hereby appoints Notwithstanding whether ▇▇▇▇▇▇ uses a separate Tenant General Contractor, JW Design shall be responsible for coordinating with RRM Design Group and allocating the work done by ▇▇▇▇▇▇▇ as ▇▇’s General Contractor and Tenant’s representative to act for General Contractor. If JW Design acts as both Landlord and Tenant in all construction matters. All inquiriesGeneral Contractor, requestsJW Design’s overhead costs, instructionsif billed under contract, authorizations and other communications with respect to construction matters shall be related allocated to Landlordeach contract in proportion to the total cost of each contract. Tenant shall have the right to enter the Premises to work with ▇▇▇▇▇▇’s representative General Contractor in completing Tenant Improvements. At all times while accessing the Property during construction: (A) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Rent (except after Rent Commencement Date); (B) Tenant shall not materially interfere with completion of the Landlord Improvements; and (C) Tenant shall not begin operation of its business. ▇▇▇▇▇▇ agrees that it will not hire other contractors to work on the Project except through either through the Tenant General Contractor or JW Design to ensure coordination of work, maintenance of adequate insurance and to prevent liens being placed against the Property for unpaid work. Landlord shall supply Tenant with all utility services furnished to the Premises during such early entry period. Tenant shall ensure timely payment of all work under the Tenant General Contract and keep the Premises free and clear of liens, repair all damage arising from Tenant’s representativeactivities, as and indemnify and hold Landlord harmless from all resulting liability, claims, demands, and costs, including attorneys’ fees, in connection with ▇▇▇▇▇▇’s entry. Notwithstanding the case may beforegoing, Tenant shall have no right to actually occupy the Premises to conduct ▇▇▇▇▇▇’s business prior to the Tenant’s receipt of valid certificate or conditional certificate of occupancy. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations toNotwithstanding anything contained herein, any other employee or agent under no circumstances could Tenant be required to fund project costs in excess of 89.9% of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative total project costs incurred at any time by written notice to point during the otherconstruction period.

Appears in 2 contracts

Sources: Triple Net Lease (MINDBODY, Inc.), Triple Net Lease (MINDBODY, Inc.)

Tenant Improvements. Landlord shallshall install, at Landlord’s sole cost's expense, insure that all systemsthe tenant improvements (hereinafter the "Tenant Improvements") in a good and workmanlike manner using only first-class materials and in compliance with Governmental Regulations as defined in Paragraph 16, such set forth in both the Tenant Improvement Specifications attached hereto as electricalExhibit C-1, plumbingthe construction drawings attached hereto as Exhibit C-2, and HVACthe landscaping plan attached hereto as Exhibit C-3. Notwithstanding anything to the contrary contained in this Lease, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsiblediligently endeavor to complete (except for punch list items) satisfactory to the Tenant and the Landlord the so-called "manufacturing area" designated on the construction drawings attached hereto as Exhibit C-2 (the "Manufacturing Area") on or before sixty (60) calendar days from the full execution of this Lease Agreement. Upon completion, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting the Landlord will notify the Tenant that a written approval of occupancy from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment County has been performed and suggested remediation, if any, has been delivered obtained at which time the Tenant shall have the option to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as occupy the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative Manufacturing Area at any time by written notice prior to the otherCommencement Date. If occupied by the Tenant prior to the Commencement Date, the Tenant shall pay the pro rata Base Rental and all other charges specified in this Lease for the period from such occupancy to the Commencement Date based on the ratio of the leasable square footage of the Manufacturing Space to the leasable square footage of the Premises which amounts shall be due and payable on the Commencement Date. All references in this Lease to the term of this Lease shall include the period from such occupancy to the Commencement Date.

Appears in 2 contracts

Sources: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractors, at Tenant’s sole and direct cost and expense (subject to Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement obligations with respect to any portion of the TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease Termand this Work Letter. Landlord shall also be responsibleAs part of the Tenant Improvements, at with Landlord’s costapproval, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Tenant may locate a Generator (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment as defined in Section 16.2 of the mold and mildew included Lease) at the Project or on the roof of the Building in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered a location to be agreed upon by Landlord and TenantTenant during the design of the Tenant Improvements. All fees The cost of maintaining, repairing and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) replacing the Generator shall be Tenant’s sole responsibility and cost. responsibility. To the extent that the total projected cost of the Tenant Improvements (aas reasonably projected by Tenant) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction mattersexceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay such Excess TI Costs. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ shall pay all costs of the Tenant Improvements as Tenant’s representative such costs become due and Landlord (upon receipt of a Reimbursement Request (as defined in Section 6.3) and the accompanying materials required by Section 6.3) shall reimburse Tenant on a pari passu basis, in the proportion of the TI Allowance payable by Landlord to act for the total projected costs of the Tenant Improvements. If Tenant fails to pay, or is late in all construction matters. All inquiriespaying, requestsany sum due under this Work Letter, instructionsthen Landlord may, authorizations and other communications with respect to construction matters but shall not be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations obligated to, any other employee or agent pay such sums and collect the same from Tenant and shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by this Lease. Either Landlord Tenant or its contractors as the Tenant may change Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a good and workmanlike manner; and the Tenant Improvements shall be of Class A quality Tenant shall take, and shall require its representative at contractors to take, commercially reasonable steps to protect the Premises during the performance of any time by written notice Tenant Improvements, including covering or temporarily removing any window coverings so as to the otherguard against dust, debris or damage.

Appears in 2 contracts

Sources: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, 1.1 The parties have previously agreed on the basic scope of tenant improvements such as are described on Exhibit C-1 (“Basic TI Criteria”) and the agreed-upon Space Plan attached as Exhibit C-2 (“Space Plan”). 1.2 Landlord has retained an architect and engineering consultants of its choice to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, and HVAC, life safety, sprinkler and IT engineering work in the Leased Premises (collectively as the “Construction Drawings”). No later than twenty-one (21) days after lease execution, Tenant shall provide Landlord with its specifications for the finishes for the new flooring, large break room/ lounge area, and restrooms. All finishes selected by Tenant must be readily available to avoid any delays in good operating condition upon the commencement completion of the Lease TermTenant improvements. The information required by Tenant pursuant to this section is referred to as “Tenant Requirements.” All Construction Drawings shall comply with the Basic TI Criteria, Space Plan, Tenant Requirements and the drawing format and specifications reasonably determined by Landlord. Landlord shall also be responsibleprovide the Construction Drawings to Tenant upon receipt for Tenant’s confirmation that the Construction Drawings are consistent with the Basic TI Criteria, at Landlord’s costSpace Plan and the Tenant Requirements. If Tenant does not notify Landlord in writing of any objection to the Construction Drawings within five (5) business days of receipt, Landlord will proceed towards obtaining a building permit and necessary approvals for the work. 1.3 Upon approval of the Construction Drawings, the Architect and the Engineers shall complete the architectural and engineering drawings for the Leased Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical, fire life safety, plumbing and telecommunications working drawings in a form which is complete to allow subcontractors to bid on the work and, if not already done, to repair obtain all existing roof leaks and remove existing mold or mildew resulting from such leaks applicable permits including a building permit (collectively the Landlord’s WorkFinal Working Drawings”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of construct improvements in accordance with the mold and mildew included in Landlord’s Work Final Working Drawings (the Air Quality AssessmentTenant Improvements”). Landlord Other than any changes required to conform the Final Working Drawings with the Construction Drawings (“Corrective Changes”), Tenant shall make no other changes or modifications to the Final Working Drawings which would require re-submission of plans for review to the building department or other necessary government entity (“Material Change”), and shall make no changes or modifications to the Final Workings Drawings which are not Material Changes (“Non-Material Change”) or Corrective Changes without the prior written consent of Landlord, which consent shall not perform Landlord’s be unreasonably withheld, conditioned or delayed; provided, however, any delay in “Substantial Completion,” as that term is defined in Section 5.1 of this Work until Letter caused by such changes or modifications by Tenant to the Air Quality Assessment has been performed and suggested remediationFinal Working Drawings (other than Corrective Changes), if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation or the availability of Tenant’s equipmentselected finishes, furniture shall be a Tenant Delay and fixtures any increase in the cost of designing or constructing the Tenant Improvements as a result of such changes to the previously approved Final Working Drawings (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipmentother than Corrective Changes) shall be at Tenant’s sole responsibility cost. Tenant must present any request for a modification to the Final Working Drawings in writing to Landlord. Within five (5) business days of Tenant’s request, Landlord shall provide Tenant with a statement as to whether the proposed modification constitutes a Non-Material Change, and cost. if it does, an estimate of the increase in cost of the Tenant Improvements, and the estimated delay in delivery, anticipated due to Tenant’s requested modification. Tenant must withdraw any requested modification which Landlord determines is a Material Change, and for a modification which is a Non-Material Change must notify Landlord within three (a3) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as business days of receipt of Landlord’s representative notice whether it will withdraw its requested modification. In the event Landlord agrees to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as proceed with Tenant’s representative to act for requested Non-Material Change, Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] responsible for actual increased costs and will not give any instructions or authorizations to, any other employee or agent delays associated with its requested modification regardless of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered estimates provided by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherLandlord.

Appears in 2 contracts

Sources: Office Lease (Twilio Inc), Office Lease (Twilio Inc)

Tenant Improvements. Each Additional Space shall initially be delivered by Landlord shalland accepted by Tenant in its “as-is” condition. Following the Delivery Date for each Additional Space, at Landlord’s sole cost, insure that all systems, Landlord shall provide Tenant with a tenant improvement allowance (the “TI Allowance”) of $15.00 per usable square foot for tenant improvements (the “Tenant Improvements”) to be made by Landlord to (but only to) such as electrical, plumbingAdditional Space. The TI Allowance for one Additional Space shall not be used for another Additional Space, and HVAC, the installation of the Tenant Improvements shall be in good operating condition upon not delay the Delivery Date or the commencement of Basic Monthly Rent for such Additional Space, which Basic Monthly Rent shall, in all events, commence on the Lease TermDelivery Date. The Parties shall exert good faith, commercially reasonable efforts to agree as soon as reasonably practicable on the Tenant Improvements for each Additional Space and a budget therefor. Such agreed on Tenant Improvements shall then be made by Landlord in accordance with such budget as soon as reasonably practicable after such agreement. The construction reasonably required to complete the Tenant Improvements shall also be responsiblenot lessen or otherwise affect Tenant’s rent obligations under the Lease, at Landlord’s costas amended by this Amendment, and such construction is intended to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks occur within the first four (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment 4) months after the Delivery Date of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”)Additional Space concerned. Landlord Tenant shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered pay to Landlord all costs and expenses incurred by Landlord in connection with the Tenant Improvements, together with a project management fee of five percent (5%) of such costs and expenses, less the TI Allowance for the Additional Space concerned, within ten (10) days after the date of an invoice therefor, which invoice may be delivered prior to the commencement of construction of the Tenant Improvements concerned; provided, however, that space planning will be provided by Landlord at no cost to Tenant. All fees and permits necessary If all or any portion of the TI Allowance for Landlord’s Work any particular Additional Space is not used on or before the date that is one (including but 1) year after the Delivery Date for such Additional Space, such TI Allowance or such portion that is not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) used shall be lost and shall no longer be available to Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 2 contracts

Sources: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Tenant Improvements. (a) Tenant shall cause to be constructed the tenant improvements in the Additional Premises (the “Tenant Improvements”) pursuant to the Work Letter attached as Exhibit B hereto at a cost to Landlord shall(the “Tenant Improvement Allowance”) not to exceed Three Hundred Thousand Dollars (i.e., at Thirty Dollars ($30) per rentable square foot of Additional Premises). The Total TI Allowance (as defined below) shall be used solely to pay the costs of (i) construction, (ii) project management by Landlord (which fee shall not exceed four percent (4%) of the Total TI Allowance, (iii) third party project management fees, (iv) IT installation, (v) costs and fees for space planning, architect, engineering and other related services and (vi) building permits and other planning and inspection fees. If the total cost of the Tenant Improvements exceeds the Total TI Allowance, then the overage shall be paid promptly by Tenant upon Tenant’s receipt of evidence of overage from Landlord. Tenant shall have twelve (12) months from the Additional Premises Commencement Date to expend the unused portion of the Tenant Improvement Allowance, after which date Landlord’s sole obligation to fund such costs shall expire. (b) In addition to the Tenant Improvement Allowance, Landlord shall make available to Tenant Seventy Dollars ($70) per rentable square foot (the “Additional TI Allowance” and, collectively with the Tenant Improvement Allowance, the “Total TI Allowance”) of Additional Premises to construct the Tenant Improvements. Tenant shall pay to Landlord, as additional rent, the expended portion of the Additional TI Allowance amortized over the Extension Term at an interest rate of eleven percent (11%). Tenant shall have twenty-four (24) months from the Additional Premises Commencement Date to expend the unused portion of the Additional TI Allowance, after which date Landlord’s obligation to fund such costs shall expire. (c) [Intentionally omitted] (d) Tenant shall select the architect, engineer, general contractor and major subcontractors performing the Tenant Improvements, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay. (e) Notwithstanding any other provision herein or in the Lease to the contrary, (a) with regard to the Additional Premises, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Tenant Improvements with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, insure that liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of the Tenant Improvements to comply with the ADA and (b) Landlord shall be responsible for all systemsliabilities, such as electricalcosts and expenses arising out of or in connection with the compliance of the parking lots, plumbingcommon area walkways and landscaped areas surrounding the Property (collectively, the “Landlord Areas”) with the ADA, and HVACLandlord shall indemnify, shall be in good operating condition upon the commencement defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of the Lease TermLandlord Areas to comply with the ADA. Landlord The provisions of this Section 7(d) shall also be responsiblesurvive the expiration or earlier termination of the Lease, at Landlord’s costas amended by this Amendment. (f) Possession of areas of the Additional Premises necessary for utilities, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational healthservices, safety and environmental risk information to perform an environmental assessment operation of the mold and mildew included in Property is reserved to Landlord’s Work (the “Air Quality Assessment”). Landlord ; provided, however, such areas shall not perform Landlord’s Work until unreasonably restrict the Air Quality Assessment has been performed use of the Additional Premises by Tenant for the use that is permitted by the Lease, and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees its agents shall use commercially reasonable efforts to minimize any disturbance to Tenant when performing work in the Additional Premises related to utilities, services, safety and permits necessary for Landlord’s Work (including but not limited to electrical, mechanicaloperation of the Property, and fire and life safety equipmentshall, except in the case of emergencies, provide Tenant with twenty-four (24) will hours’ prior telephonic or written notice of any such work to be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costperformed by Landlord or its agents. (ag) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative Tenant shall have the right to act for Landlord access the Additional Premises from and after the date hereof in all construction matters. order to construct the Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp), Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Tenant Improvements. Landlord shallTenant shall replace the HVAC system serving the Leased Premises and shall construct, at Landlord’s sole costfurnish or install all improvements, insure equipment or fixtures, that all systems, such are necessary for Tenant's use and occupancy of the Leased Premises (the "Tenant Improvements"). Tenant shall also be responsible for the cost of any alterations to the Building required as electrical, plumbing, and HVAC, a result of the Tenant Improvements. The Tenant Improvements shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, conformity with drawings and specifications submitted to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to approved by Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost.performed in accordance with the following provisions: (a) Tenant shall prepare and submit to Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction mattersits approval two sets of fully dimensioned scale drawings (suitable for submission with a building permit application) for the Tenant Improvements (including plans, elevations, critical sections and details) and a specification of Tenant's utility requirements. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as shall cause all drawings and specifications for the Tenant Improvements to be prepared by licensed architects and where appropriate, mechanical, electrical and structural engineers. (b) Within 10 days after receipt of Tenant’s representative 's drawings Landlord shall return one set of prints thereof with Landlord's approval and/or suggested modifications noted thereon. If Landlord has approved Tenant's drawings subject to act modifications, such modifications shall be deemed to be acceptable to and approved by Tenant unless Tenant shall prepare and resubmit revised drawings for further consideration by Landlord. If Landlord has suggested modifications without approving Tenant's drawings Tenant in all construction mattersshall prepare and resubmit revised drawings within seven days for consideration by Landlord. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters revised drawings shall be related submitted, with changes highlighted, to Landlord within seven days following Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent 's return to Tenant of the other party, including the other party’s architects, engineersdrawings originally submitted, and contractors Landlord shall approve or any disapprove such revised drawings within seven days following receipt of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the othersame.

Appears in 2 contracts

Sources: Lease Agreement (Digital Microwave Corp /De/), Lease Agreement (Digital Microwave Corp /De/)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Landlord’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance used by Landlord in completing the Tenant Improvements) and in substantial accordance with the Approved Plans (as defined below), the Amendment and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall be related advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Landlord commences the Tenant Improvements. If Landlord is delayed in commencing the Tenant Improvements due to Tenant’s failure to timely pay the Excess TI Costs to Landlord’s representative or , then the TI Deadline shall not be extended as a result of such delay. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s representativeRent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the case may besame way that Tenant deposited the initial Excess TI Costs. Neither party will [ILLEGIBLE] and will not give any instructions If Tenant fails to pay, or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by this Lease. Either Landlord or its contractors as the Tenant may change its representative at any time by written notice to Improvements shall be new or “like new,” and the otherTenant Improvements shall be performed in a first-class, workmanlike manner.

Appears in 2 contracts

Sources: Lease (Halozyme Therapeutics Inc), Lease Agreement (Halozyme Therapeutics Inc)

Tenant Improvements. Landlord shallTenant shall construct, at Landlord’s sole costfurnish or install all improvements, insure equipment or fixtures, that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits are necessary for Tenant’s installation use and occupancy of the entirety of the Leased Premises (collectively, the “Tenant Improvements”). Tenant shall complete construction of the Tenant Improvements for the entirety of the Leased Premises. Tenant shall also be responsible for the cost of any alterations to the Building required as a result of the Tenant Improvements. Tenant will engage a consultant reasonably approved by Landlord to manage the design and construction of the Tenant Improvements (“Tenant Improvement Project Manager”). Tenant shall cause all drawings and specifications for the Tenant Improvements to be prepared by an architect selected by Tenant and reasonably approved by Landlord (“Tenant Improvement Architect”) and to be constructed by Landmark Builders Incorporated (“Tenant Improvement Contractor”). Landlord’s prior written consent, which shall not be unreasonably withheld, shall be required if Tenant desires to change its Tenant Improvement Architect, Tenant Improvement Contractor or Tenant Improvement Project Manager. Tenant shall furnish to Landlord a copy of the executed contracts between Tenant and Tenant Improvement Architect, and Tenant and Tenant Improvement Contractor, covering all of Tenant’s equipmentobligations under this Work Letter. The Tenant Improvements shall be in conformity with drawings and specifications submitted to and approved by Landlord, furniture and fixtures (including but which approval shall not limited to electrical, mechanical, crane, racking, emissions, effluentbe unreasonably withheld or delayed, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord performed in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications accordance with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.following provisions:

Appears in 2 contracts

Sources: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)

Tenant Improvements. Landlord shallAll improvements to the Premises that may be deemed necessary by Tenant from time to time for Tenant’s use or occupancy thereof shall be completed by Tenant, at LandlordTenant’s sole cost, insure that all systems, such as electrical, plumbingexpense, and HVAC, shall hereinafter be referred to as “Tenant Improvements.” All Tenant Improvements shall be constructed in good operating condition a first-class manner and comply with all insurance requirements and with applicable governmental laws, statutes, ordinances, rules, and regulations. Tenant shall be responsible for and shall pay to Landlord, as additional Rent, the entire amount of any real estate taxes attributable to any alterations, improvements, or changes made by Tenant pursuant to this Section. All such alterations, improvements, and changes shall become the property of Landlord upon completion, unless otherwise agreed to in writing by Landlord. Tenant agrees to submit to Landlord plans and specifications governing Tenant Improvements in such detail as Landlord may require, and Tenant agrees not to commence work on any of Tenant Improvements until Landlord has approved such plans and specifications and the selection of the general contractor in writing, which consent shall not be unreasonably withheld. Tenant shall proceed diligently with construction of any Tenant Improvements. At all times during Tenant construction, Landlord and its representatives shall have the right to enter upon the commencement Premises for the purpose of inspecting construction and progress of any Tenant Improvements. Upon completion of any Tenant Improvements, Tenant shall provide Landlord with a Certificate from Tenant’s architect certifying that the Lease Termsubject Tenant Improvements have been constructed in accordance with the plans and specifications approved by Landlord. In the event Tenant does not provide any such required certificate, Landlord shall also be responsible, at Landlordentitled to engage an architect of its choice to provide such certificate. Any fees or expenses incurred by Landlord in securing any such architect’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord certificate shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered be deemed additional Rent payable by Tenant to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. paid by Tenant to within seven (a7) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent days of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherfrom Landlord.

Appears in 2 contracts

Sources: Commercial Lease (MJ Holdings, Inc.), Commercial Lease (MJ Holdings, Inc.)

Tenant Improvements. Landlord shallshall solicit bids for the Tenant Improvements from no less than three (3) but not more than five (5) general contractors as mutually approved by Tenant and Landlord (which may include some or all of the general contractors listed in the definition of "Contractor" above). All subcontracted work (except for fire alarm, at Landlord’s sole costBuilding automation system(s) connections, insure Building roof work and work associated with existing warranties) will be competitively bid by a minimum of three (3) qualified subcontractors in each trade of work. Tenant and Landlord will mutually agree on the selection of the Contractor to be the general contractor for the Tenant Improvements. Upon selection of the Contractor, Landlord will enter into a construction contract with the Contractor to perform the Work and making advances to Contractor from the Improvement Allowance. The Tenant Improvements, pursuant to a construction contract that will provide for Substantial Completion to occur within the time period provided for in the Timeline and deliver possession of the Expansion Space to Tenant. Tenant will be responsible for all systemsdirect and indirect costs of the design and construction of the Tenant Improvements. Such costs may include, such as electricalwithout limitation, plumbingall costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and HVACother construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. If the contracts for the construction of the Tenant Improvements will exceed the Improvement Allowance, Tenant shall pay such excess in full. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord. Work shall be deemed to completed upon Substantial Completion. Tenant hereby elects in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsiblewriting to have Landlord's Construction Manager, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group ServicesInterests, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment manage the construction of the mold Tenant Improvements for this phase and mildew included agrees that such Construction Manager shall receive a fee for such services in Landlord’s Work an amount equal to three percent (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment3%) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any hard costs of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherconstruction.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)

Tenant Improvements. Landlord shallTenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises ("Tenant Alterations") without complying with all Legal Requirements and without first obtaining the written consent of Landlord, at which consent shall not be unreasonably withheld, conditioned or delayed Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord’s sole cost, insure that all systems, such as electrical, plumbing, . Landlord's review of Tenant's plans and HVAC, specifications and monitoring of construction shall be in good operating condition upon solely for Landlord's benefit and shall impose no duty or obligation on Landlord to confirm that the commencement of the Lease Termplans and specifications and/or construction comply with any Legal Requirements. Landlord Any Tenant Alterations shall also be responsible, made or performed at Landlord’s cost, to repair all existing roof leaks Tenant's sole cost and remove existing mold expense by a contractor or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered contractors acceptable to Landlord and Tenantin a good, workmanlike and lien free manner. All fees Tenant Alterations are the property of Landlord and permits necessary must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, may require Tenant to remove any Tenant Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be borne by Tenant, provided notice of such requirement is delivered to Tenant at the time consent for Landlord’s Work the Tenant Alterations is given. This clause does not apply to moveable equipment or furniture owned by Tenant, which may be removed by Tenant at the end of the Term if no Event of Default then exists and if such equipment and furniture are not then subject to any other rights, liens and interest of Landlord and such removal can be accomplished without material damage to the Leased Premises. Upon completion of any Tenant Alterations, Tenant shall provide Landlord with "as built plans" (on CADD form), copies of all construction contracts and proof of payment for all labor and materials (including but not limited lien waivers). To defer the cost to electricalLandlord associated with Tenant Alterations and confirming that such improvements are in accordance with the terms of this Lease and comply with all Legal Requirements, Tenant shall reimburse Landlord upon demand, as Additional Rent, any sums expended by Landlord for third party examination of the architectural, mechanical, electrical and fire plumbing plans for any Tenant Alterations. Tenant, at its own cost and life safety equipment) will be at expense and without Landlord’s expense. Any fees 's prior approval, may erect such shelves, bins, machinery and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and trade fixtures (including but collectively "Trade Fixtures") in the ordinary course of its business provided that such items do not limited alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to electrical, mechanical, crane, racking, emissions, effluentthe Leased Premises, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiriesthe construction, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineerserection, and contractors installation thereof complies with all Legal Requirements and with Landlord's requirements set forth above. Upon expiration or any of their agents earlier termination or employees, with regard to matters covered by this Lease. Either Landlord or , Tenant may change shall remove its representative at Trade Fixtures and shall repair any time damage caused by written notice to the othersuch removal.

Appears in 2 contracts

Sources: Commercial Lease (INX Inc), Standard Commercial Lease (I Sector Corp)

Tenant Improvements. Landlord shallUnless specified otherwise herein, at LandlordTenant shall bear and pay the cost of the Tenant Improvements (which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s sole costcontract, insure that all systems, such as electrical, plumbingthe cost of permits, and HVACall architectural, shall be design, space planning, and engineering services obtained by Tenant in good operating condition upon connection with Tenant Improvements, laboratory and office improvements, break room with appropriate sinks/cabinetry„ wiring and cabling costs, and cubicle costs), provided that so long as Tenant is not in default under the commencement of the Lease Term. Lease, Landlord shall also be responsiblecontribute a maximum of $9 per rentable square foot, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform for an environmental assessment aggregate maximum of the mold and mildew included in Landlord’s Work $295,380.00 (the “Air Quality AssessmentTenant Improvement Allowance) for such costs ( but no more than $49,230 on account of cubicle costs), which shall be paid by Landlord without any increase in any component of Base Monthly Rent. The Tenant Improvement Allowance shall be utilized only for Tenant Improvements, and shall be available to Tenant only until December 31, 2007, after which Landlord shall have no further obligation to provide any portion of the Tenant Improvement Allowance. Subject to such deadline and based upon applications for payment (including Tenant Improvement Contractor’s Application and Certification for Payment ALA G702 certified by Tenant Improvement Architect) submitted and certified by Tenant, Landlord shall within thirty (30) days of receipt thereof make progress payments from the Tenant Improvement Allowance to Tenant or the applicable contractor or subcontractor (but in no event more than $9 per rentable square foot for the applicable space under construction). Landlord shall not perform Landlord’s Work until The cost of the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work Tenant improvements (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any all of the foregoing fees and permits necessary for Tenant’s installation costs) in excess of Tenant’s equipmentthe Tenant Improvement Allowance, furniture and fixtures (including but not limited to electricalif any, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be paid entirely by Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 2 contracts

Sources: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that shall solicit bids for the Tenant Improvements from no less than three (3) but not more than five (5) general contractors as mutually approved by Tenant and Landlord (which may include some or all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”general contractors listed in the definition of "Contractor" above). Landlord shall engage ▇▇▇▇▇▇▇ Group ServicesAll subcontracted work (except for fire alarm, or a similar company that provides occupational healthBuilding automation system(s) connections, safety Building roof work and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipmentwork associated with existing warranties) will be at competitively bid by a minimum of three (3) qualified subcontractors in each trade of work. Tenant and Landlord will mutually agree on the selection of the Contractor to be the general contractor for the Tenant Improvements. Upon selection of the Contractor, Landlord will enter into a construction contract with the Contractor to perform the Work and making advances to Contractor from the Improvement Allowance. The Tenant Improvements, pursuant to a construction contract that will provide for Substantial Completion to occur within the time period provided for in the Timeline and deliver possession of the Expansion Space to Tenant. Tenant will be responsible for all direct and indirect costs of the design and construction of the Tenant Improvements. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENT conditions, labor, materials, wiring and cabling costs, MEP fees, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager, Landlord’s expense. Any fees construction manager and permits necessary site superintendent for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluentthe Tenant Improvements, and fire all costs incurred in connection with obtaining permits for the Tenant Improvements and life safety equipment) moving costs (not to exceed $37,360.05). If the contracts for the construction of the Tenant Improvements will exceed the Improvement Allowance, Tenant shall pay such excess in full. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord. Work shall be Tenant’s sole responsibility and cost. (a) Landlord deemed to completed upon Substantial Completion. Tenant hereby appoints elects in writing to have Landlord's construction manager, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all , manage the construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including Tenant Improvements for this phase and agrees that such construction manager shall receive a fee for such services in an amount equal to three percent (3%) of the other party’s architects, engineers, and contractors or any hard costs of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherconstruction.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)

Tenant Improvements. Landlord shall, at shall provide Tenant with ten (10) days prior written notice of the date on which the Tenant Improvements shall be substantially completed by Landlord. Tenant’s Project Manager or other representative authorized by Tenant’s Project Manager shall then conduct an inspection of the Premises with Landlord or Landlord’s sole costrepresentative within seven (7) days of the date of substantial completion. Within said seven (7) day period, insure that all systemsa “punch list” will be prepared by Tenant’s Project Manager or another authorized representative of Tenant, describing “punch list” items to be completed and/or corrected by Landlord. Any items not on such as electrical, plumbing, and HVAC, “punch list” shall be in good operating condition upon the commencement of the Lease Termdeemed accepted by Tenant, except for any latent defects. Landlord shall also be responsiblecorrect any “punch list” item or latent defect at its sole cost and expense within a reasonable period of time thereafter, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord in any event shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment commence completion of the mold and mildew included in Landlord’s Work “punch list” items and/or correction of a latent defect within three (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment3) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation days of receipt of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluentnotice, and fire shall complete the “punch list” item or correction of the latent defect no later than ten (10) days after such notification, unless such completion or correction requires more than ten (10) days, and life safety equipmentLandlord has commenced the completion or correction within the three (3) shall be Tenant’s sole responsibility day period and cost. (a) diligently performs the same to completion. In the event Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ and Tenant do not agree on as to the completion or correction of any particular “punch list” item, Landlord’s representative Architect shall make the final determination as to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative whether the same has been completed or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the othercorrected.

Appears in 2 contracts

Sources: Lease Agreement (Inverness Medical Innovations Inc), Lease (Inverness Medical Innovations Inc)

Tenant Improvements. Landlord shallshall provide Tenant a Tenant Improvement Allowance (“TIA”) of $12.50 per square foot, at or Two Hundred Eight Thousand Seven Hundred Seventy Five & 00/00 ($208,775.00) to be used by Tenant for permanent building standard improvements to all or part of the Premises and for repair and maintenance of equipment and fixtures in the Premises as of the Commencement Date. Tenant shall be required to submit detailed plans to Landlord for Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, written approval of said work prior to any work commencing. Tenant shall be in good operating condition upon the commencement of the Lease Termresponsible for coordinating Tenant’s architect and contractor and obtaining all required approvals, permits and necessary governmental documentation specific to Tenant’s improvements and use. Landlord shall also be responsible, at reimburse Tenant up to TIA amount within 30 days following Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlordreceipt of Tenant’s Work”)invoice for Landlord approved work. Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment Any portion of the mold TIA not used within eighteen (18) months following the Commencement Date shall be retained by Landlord. Tenant acknowledges that TIA may only be used for permanent building standard improvements to all or part of the Premises and mildew included for repair and maintenance of equipment and fixtures in Landlordthe premises as of the Commencement Date as set forth below or otherwise approved by Landlord in its sole discretion, and which may include, but not be limited to, the actual work, design fees, permitting fees, architectural fees, engineering fees, construction management fees and Washington State sales tax. TIA shall not be used for non-building standard improvements to the Premises such as, but not limited to, Tenant’s Work (the “Air Quality Assessment”)moving costs, low voltage cabling, movable office furniture or other fixtures or equipment specific to Tenant’s use that Tenant may or may not remove from Premises after Tenant vacates Premises or fixtures or equipment that is reasonably determined by landlord to not be re-usable by another tenant after Tenant vacates Premises. Landlord shall not perform Landlordcharge a construction management fee for the work done by Tenant provided for in the TIA. Tenant reserves the right to hire, at Tenant’s Work until cost, independent construction management professionals to manage the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered work provided for in the TIA. Subject to Tenant’s submittal of detailed plans to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited written approval of said work prior to electricalany work commencing, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as approves the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice following permanent building standard improvements to the other.Premises and the following repairs to and maintenance of equipment and fixtures:

Appears in 2 contracts

Sources: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, will be responsible for designing and HVAC, shall be constructing Tenant Improvements required by and agreed to in good operating condition upon writing by Tenant using the commencement of the Lease TermTenant Improvement Allowance. Landlord shall also be responsibleresponsible for applying for and obtaining all permits, at Landlordlicenses and certificates (including zoning approvals) necessary for the construction of Tenant Improvements. Landlord represents that all Tenant Improvements will be in compliance with all local, state and federal laws, rules, orders, regulations and codes including, without limitation, the Americans with Disabilities Act. Tenant Improvement Allowance may be used to pay for any Tenant Improvements to prepare the Premises for Tenant’s costoccupancy, and any other expenses associated with Tenant’s relocation to repair all existing roof leaks the premises including, without limitation, design and remove existing mold or mildew resulting from such leaks construction of the Rentable Area, cabling and other installation of information technology equipment and capabilities, and purchase and installation of furniture and fixtures. Any costs and expenses for Tenant Improvements in excess of the Tenant Improvement Allowance (“Landlord’s WorkExcess Tenant Improvement Costs)) shall be the responsibility of the Tenant. In the event that the Tenant Improvement Allowance is insufficient to fully cover the cost of the Tenant Improvements required by and agreed to by Tenant, Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesso advise Tenant at the earliest possible opportunity and obtain Tenant’s approval prior to initiating any Tenant Improvements the cost of which will be fully or partially Excess Tenant Improvement Costs. Prior to the Commencement Date of this Lease, Landlord and Tenant shall agree whether any Excess Tenant Improvement Costs shall be paid to Landlord by an adjustment to the Base Rent Rate, or whether Tenant shall pay the Excess Tenant Improvement Costs to Landlord immediately in a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment lump sum. In the absence of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to any such agreement between Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) all Excess Tenant Improvement Costs shall be Tenant’s sole responsibility and cost. (a) paid by Tenant to Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as within 30 days following the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Commencement Date of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or The failure to pay any such Excess Tenant may change its representative at any time by written notice to Improvement Costs when due shall be a Default under the otherTerms of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)

Tenant Improvements. Landlord shallTenant shall not make or allow to be made any structural alterations or physical additions in or to the Leased Premises (“Tenant Alterations”) without complying with all Legal Requirements and without first obtaining the written consent of Landlord. Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, consultants or any manufacturer providing any original components of the Leased Premises. Landlord’s review of Tenant’s plans and HVAC, specifications and monitoring of construction shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at solely for Landlord’s cost, benefit and shall impose no duty or obligation on Landlord to repair all existing roof leaks confirm that the plans and remove existing mold specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or mildew resulting from such leaks (“Landlordperformed at Tenant’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, sole cost and expense by a contractor or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered contractors acceptable to Landlord and in a good, workmanlike and lien free manner. All Tenant Alterations are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, at the time Landlord’s consent is granted, may designate in writing to Tenant that Tenant remove certain Tenant Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be borne by Tenant. All fees This clause does not apply to moveable equipment, fixtures or furniture owned by Tenant, which may be removed by Tenant at the end of the Term, provided such removal can he accomplished without material damage to the Leased Premises. Upon completion of any Tenant Alterations, Tenant shall provide Landlord with “as built plans” (on CAD form), copies of all construction contracts and permits necessary proof of payment for Landlord’s Work all labor and materials (including but not limited lien waivers). To defer the cost to electricalLandlord associated with Tenant Alterations and confirming that such improvements are in accordance with the terms of this Lease and comply with all Legal Requirements, Tenant shall reimburse Landlord within thirty (30) days after notice and supporting documentation, as Additional Rent, any sums expended by Landlord for third party examination of the architectural, mechanical, electrical and fire plumbing plans for any Tenant Alterations. Tenant, at its own cost and life safety equipment) will be at expense and without Landlord’s expense. Any fees prior approval, may erect such shelves, machinery and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and trade fixtures (including but collectively “Trade Fixtures”) in the ordinary course of its business provided that such items do not limited alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to electrical, mechanical, crane, racking, emissions, effluentthe Leased Premises, and fire the construction, erection, and life safety equipment) shall be Tenant’s sole responsibility installation thereof complies with all Legal Requirements and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as with Landlord’s representative to act for Landlord in all construction mattersrequirements set forth above. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative Upon expiration or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions earlier termination or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or , Tenant may change shall remove its representative at Trade Fixtures and shall repair any time damage caused by written notice to the othersuch removal.

Appears in 2 contracts

Sources: Commercial Lease (Oxford Immunotec Global PLC), Commercial Lease (Oxford Immunotec Global PLC)

Tenant Improvements. Landlord shallAny initial Tenant Improvements (the “Tenant Improvements”) that Tenant may desire to make in, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVACto or upon the Premises, shall be made at Tenant’s sole cost and expense, and only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing, which consent shall not be unreasonably withheld and, thereafter, obtaining all required governmental approvals therefor. Any such Tenant Improvements (except trade fixtures) shall at once become a part of the Premises and shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. All work with respect to the Tenant Improvements must be done in a good operating condition upon and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Premises shall at all times be a complete unit except during the period of work. Any such Tenant Improvements shall be performed and done strictly in accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Premises. In performing the work of any such Tenant Improvements, Tenant agrees to use a bondable contractor, which contractor shall be either (1) one of the contractors set forth in a listing of approved contractors prepared by Landlord, or (2) if not set forth in such a listing, approved by Landlord in writing prior to the commencement of Tenant’s work, such approval not to be unreasonably withheld; and Tenant shall have the Lease Termwork performed in such a manner so as not to obstruct the access of any other tenant in the Project. Before commencing any such work or construction in or about the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of have the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative right at any time by written notice and from time to time to post and maintain on the other.Premises such notices as Landlord deems necessary to protect the Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. Landlord’s Initials CZ Tenant’s Initials HZ

Appears in 2 contracts

Sources: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)

Tenant Improvements. a. Tenant acknowledges that Landlord shallhas met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises and the Additional Premises pursuant to Exhibit B of the Original Lease and Paragraph 2 of the First Amendment. b. Tenant hereby agrees to accept the Second Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any tenant improvements to the Second Additional Premises on behalf of Tenant. c. Tenant shall construct tenant improvements (“Improvements”) for the Second Additional Premises in accordance with the plans (the “Plans”), at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, which shall be prepared by Tenant and approved in final form by Landlord, which approval shall not be unreasonably withheld. The Plans shall include items and information as Landlord shall reasonably require to evaluate Tenant’s work. All Improvements shall be constructed in a good operating condition upon and workmanlike manner using new materials and in accordance with all applicable laws, codes and regulations, including the commencement Americans with Disability Act (“ADA”) and in accordance with Paragraph 6 of the Lease Term(except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Second Additional Premises, Landlord is obligated to comply with the ADA or any other law or regulation and such compliance requires Landlord to make any improvement or alteration to any portion of the Building, as a condition to Landlord’s approval, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any such Improvement by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. d. Tenant shall provide Landlord with a breakdown of the estimated total cost of the Improvements (“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Second Additional Premises (i.e., 23,560 rentable square feet multiplied by $20.75 = $488,870.00). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant’s architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval of completed work by Landlord’s construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall pay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, the unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $488,870.00 multiplied by .33 = $161,327.10) may be used to reimburse Tenant for its documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Second Additional Premises. The Improvement Allowance must be expended on or before the expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Improvement Allowance to Tenant. e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord shall also be responsible, at Landlord’s cost, hereby agrees that if Tenant elects to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇use ▇▇▇▇ Group ServicesConstruction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall submit a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment copy of the mold and mildew included in proposed construction contract to Landlord for Landlord’s Work (the “Air Quality Assessment”)approval. Landlord Landlord’s approval, which shall not perform be unreasonably withheld, shall be given or denied (as applicable) within ten (10) business days of receipt of the necessary information from Tenant. Tenant’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationmortgagee, if anyrequired by Landlord) as additional insured: (i) Workmen’s Compensation with full statutory limits for employer’s liability. (ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, has been death or property damage. (iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract. (iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Second Additional Premises. All fees In all other respects, the insurance coverage above mentioned shall comply with the Lease provisions. f. It is agreed that Tenant assumes the entire responsibility and permits necessary liability due to its negligence, including statutory or common law, for Landlord’s Work (any and all injuries or death of any or all persons, including but not limited to electricalits contractor, mechanicalsubcontractors and employees, and fire for any and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant’s equipment, furniture and fixtures (including but not limited to electricalits contractor, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors shall assume and defend at their own expense all such claims or lawsuits, unless caused by the gross negligence or willful misconduct of Landlord. Tenant agrees to insure this assumed liability in its Comprehensive General Liability Policy and the original or copy of the policy delivered to Landlord shall indicate this contractual coverage. g. For and during the period of construction, Tenant shall provide and pay for all utilities consumed upon the Second Additional Premises during said period and for the removal of all temporary connections. h. Tenant shall endeavor to cause the contractor to substantially complete construction of the Improvements in a diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or approvals, including a certificate of occupancy, required to enable Tenant to occupy the Second Additional Premises. Upon completion of the Improvements, Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with regard to matters covered by this Leaseone (1) set of transparent “as built” drawings. Either Landlord or Tenant may change its representative at any time by written notice to No delay in completion of construction of the otherImprovements shall delay the Effective Date beyond the date specified herein.

Appears in 2 contracts

Sources: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)

Tenant Improvements. Landlord shallPromptly after the Execution Date, Landlord, at LandlordTenant’s sole cost and expense, shall commence and diligently pursue completion of the Additional Tenant Improvements to be constructed by it on the Premises. All Additional Tenant Improvements shall be constructed in substantial accord with Schedule C (as approved by the parties), in a workmanlike manner, and otherwise in substantial compliance with all applicable building, fire, health, and sanitary codes and regulations, and shall be performed by a licensed general contractor selected by Landlord and reasonably acceptable to Tenant. Once approved, no material changes to the Additional Tenant Improvements may be made without the written consent of both parties, which shall not be unreasonably withheld, conditioned, or delayed. All approved changes shall be made in the form of a change order (“Change Order”) setting forth the increased costs, if any, caused by the change and specifying any anticipated delay relating to that Change Order, it any. Landlord shall be entitled to receive a supervision fee from Tenant on all Change Orders equal to the greater of: (i) seven percent (7.0%) of the amount of the Change Order; and (ii) $50.00. Tenant shall reimburse Landlord for any increased costs, including any applicable supervision tees, within ten (10) days of Tenant’s receipt of the invoice from Landlord for those increased costs. Unless otherwise noted in writing in Schedule C or in the applicable Change Order, the Additional Tenant Improvements shall remain and be surrendered with the Premises on expiration of the Lease. If Schedule C or the Change Order provides that certain improvements are not to be surrendered, Tenant, at its sole cost, insure that all systemsshall, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement termination of the Lease TermLease, remove those Additional Tenant Improvements which are not to remain and repair all damage to the Premises caused by their removal. Landlord This obligation shall also be responsible, at survive a termination of the Lease. Except to the extent such is included in the Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇property tax ▇▇▇▇ Group Servicesfor the Building or as otherwise stipulated by the parties, during the Term, Tenant shall be responsible for any ad valorem taxes relating to the Additional Tenant Improvements whether such are to remain or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment be removed. Upon completion of the mold and mildew included in Landlord’s Work (Tenant Improvements, Tenant, at its expense, shall provide Landlord with an as-built set of plans for the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costTenant Improvements. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 2 contracts

Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Tenant Improvements. 6.1 Landlord shalland Tenant have reviewed and approved that certain preliminary space plan dated June 26, at Landlord’s sole cost1997 ("Preliminary Plans"), insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage prepared by The ▇▇▇▇▇▇▇▇ Group Services("Architect"). As soon as reasonably possible following the execution and delivery of this Lease by both parties, Landlord shall cause its Architect to prepare detailed design plans, specifications and working drawings, designated as being ready for construction ("Construction Documents"). The Construction Documents shall include, but not be limited to, the location of all interior partitions, doors, electrical switches and outlets and telephone outlets; reflected ceiling plan showing the location of all lights, fans, diffusers, and vents; electrical plumbing and mechanical plans; floor and wall coverings; and signs. During the preparation of the Construction Documents, Tenant shall supply the Architect, within five (5) business days following written request therefor, with any information necessary for the completion of the Construction Documents. Upon completion of the Construction Documents, Landlord shall deliver the Construction Documents to Tenant for approval, which approval may not be withheld by Tenant so long as the Construction Documents are substantially in accordance with the Preliminary Plans. Tenant's approval or disapproval must be provided, in writing, within five (5) business days of Tenant's receipt of the Construction Documents. If Tenant validly disapproves the Construction Documents, Landlord will cause the Architect to revise the Construction Documents and will resubmit the Construction Documents to Tenant for approval or disapproval, which must be provided by Tenant within five (5) business days. If Landlord and Tenant have a similar company dispute about whether the Construction Documents are substantially in accordance with the Preliminary Plans, the parties agree to submit the dispute to an independent third-party architect for resolution. The parties agree that provides occupational healththe decision of the third-party architect shall be final and binding on the parties. 6.2 Promptly upon the completion and approval of the Construction Documents, safety Landlord shall submit the Construction Documents to three (3) contractors for bid. Upon receipt of the bids from the contractors, Landlord shall select the lowest conforming bid and environmental risk information shall enter into a guaranteed maximum price contract with that contractor ("Contractor") to perform an environmental assessment of the mold and mildew included in Landlord’s Tenant Work (the “Air Quality Assessment”as defined below). Landlord will provide Tenant a copy of the Contractor's bids. Tenant may, within two (2) business days of its receipt of such bid, request changes to the Construction Documents, but any delay caused by such request for changes shall not perform Landlord’s Work until be a Tenant Delay. 6.3 Promptly after Landlord enters into a contract ("Construction Contract") with the Air Quality Assessment has been performed Contractor and suggested remediationTenant pays to Landlord the Cost Differential (as defined below), if any, has been delivered Landlord shall cause construction of all the work shown on the Construction Documents ("Tenant's Work") to be commenced. Landlord shall use all reasonable efforts to cause Tenant's Work to be completed substantially in accordance with the Construction Documents by the target Commencement Date set forth in Section 1.7, subject, however, to extension for delays caused by Tenant Delay (as defined below) or by any of the following events: acts of God; weather of unusual severity; fire; earthquake; flood; explosion; action of the elements; malicious mischief; inability to procure or general shortage of labor; services, material, equipment, facilities or supplies; strikes; lockouts; actions of labor unions; or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of Landlord (all of the foregoing collectively being referred as "unavoidable delays"). 6.4 Tenant hereby appoints the individual named in Section 1.17 hereof as Tenant's Designated Representative for purposes of dealing with Landlord with respect to all matters involving, directly or indirectly, the Construction Documents or Tenant's Work including, without limitation, change orders to the Construction Documents. Tenant hereby warrants and represents to Landlord that Tenant's Designated Representative has all of the requisite power and authority to deal with Landlord in the manner contemplated herein and that Tenant shall be bound by the acts and omissions of Tenant. All fees and permits necessary for Landlord’s Work (including 's designated representative. 6.5 Landlord shall provide Tenant with an amount up to, but not limited to electricalexceed, mechanicalthe amount specified as Tenant's Allowance in Section 1.16 hereof to apply toward the design, construction and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment's Work within the Premises. Tenant shall be responsible for all costs related to Tenant's Work ("Costs of Tenant's Work") that are in excess of Tenant's Allowance, furniture including, without limitation, (i) all costs to prepare the Construction Documents, (ii) all costs required to be paid under the Construction Contract, (iii) all permit fees and fixtures costs and (including but not limited iv) a construction supervision fee payable to electricalLaSalle (as defined in Paragraph 25) in an amount equal to five percent (5%) of the total price under the Construction Contract. If the Cost of Tenant's Work exceeds Tenant's Allowance, mechanicalLandlord will invoice Tenant for such excess ("Cost Differential"), craneprior to beginning Tenant's Work and Tenant shall pay Cost Differential to Landlord within two (2) business days thereafter. Landlord will then disburse payments directly to the Architect, racking, emissions, effluentContractor and LaSalle. Any unused portion of Tenant's Allowance shall be retained by Landlord, and fire and life safety equipment) Tenant shall be Tenant’s sole responsibility and costhave no interest therein. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 2 contracts

Sources: Lease Agreement (Accord Networks LTD), Lease Agreement (Accord Networks LTD)

Tenant Improvements. Landlord shallor Landlord's space planner or architect, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, in cooperation with Tenant and HVACits consultants, shall prepare plans and specifications for improvements (the "Tenant Improvements") to the Premises (the "Tenant Improvement Plans") which shall be subject to the approval of Landlord and Tenant, which approval shall not be unreasonably withheld. After the Tenant Improvement Plans have been prepared and approved by the parties, final pricing has been approved by Landlord and Tenant and building permits have been issued (if any), Landlord shall cause the Tenant Improvements to be constructed in good operating condition upon accordance with the commencement Tenant Improvement Plans. After final approval of the Lease Term. Landlord Tenant Improvement Plans, no changes to the Tenant Improvement Plans shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment made except with the approval of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to both Landlord and Tenant. All fees Landlord shall cause the Tenant Improvements to be completed in a good and permits necessary workmanlike manner and in compliance with the building permit issued therefor (if any) by the City of Portland. Landlord shall work diligently and in good faith to complete the Tenant Improvements within one year following the Commencement Date. Upon substantial completion of the Tenant Improvements in the Premises, Landlord's architect shall measure the number of rentable square feet in the Premises (using the American National Standard Method of Measuring Floor Area in Office Buildings, ANSI-BOMA Z65.1-1996, published by the Building Owners and Managers Association International). The resulting number shall be the number of rentable square feet in the Premises for Landlord’s Work (including but not limited to electricalall purposes of the Lease. If the resulting number differs from 5,043 rentable square feet, mechanicalthen Base Rent, Tenant's Share of the Building, Tenant's Share of the Project, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation 's Share of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) the Operating Expense Increase shall be Tenant’s sole responsibility and costadjusted accordingly. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Schnitzer Steel Industries Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, Tenant shall be in good operating condition upon responsible for the commencement design and construction of all initial improvements to the Premises (the "Tenant Improvement Work") and shall use diligent efforts to cause the construction of the Lease TermTenant Improvement Work in a first class manner and in compliance with all Applicable Laws. Without limiting any other provision of this Lease, all of the provisions of this Article 9 and of Article 10 (Liens) shall apply to the Tenant Improvement Work. Landlord shall also provide to Tenant a Tenant Improvement Allowance in the maximum amount of Five Million Dollars ($5,000,000), which shall not exceed the actual cost of the Tenant Improvement Work and the items identified on the attached Schedule 9.1 (the "Approved Additional Items"). Any costs in excess of the Tenant Improvement Allowance shall be responsiblepaid by Tenant. Tenant shall have the right to use the Tenant Improvement Allowance only for the cost of permanent improvements to the Premises and the Approved Additional Items, and shall not be used for any items of personal property to be installed or used in the Premises. Tenant shall expend at Landlord’s costleast Three Million Dollars ($3,000,000) of the Tenant Improvement Allowance by the Rent Commencement Date, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks the remainder by the six (“Landlord’s Work”)6) month anniversary of the Rent Commencement Date. Any excess sums remaining unspent as of the six (6) month anniversary of the Rent Commencement Date shall be forfeited. Landlord shall engage ▇▇▇▇▇▇▇ Group Servicespay the Tenant Improvement Allowance to Tenant in progress payments no more frequently than once per calendar month, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment within ten (10) days after receipt by Landlord of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative an itemized statement of Tenant Improvement Work expenses to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiriesthe date of such statement, requests, instructions, authorizations accompanied by reasonably detailed invoices and other communications supporting information as is reasonably requested by Landlord, and (b) unconditional lien releases for the prior calendar month and conditional lien releases for the current month, each in the form required under California Civil Code Section 3262 from all contractors, subcontractors and materialmen who shall have furnished materials or supplies or performed work or services in connection with the Tenant Improvement Work. Each of Landlord's progress payments shall be proportionate to the total of each invoice, based on the ratio between the total amount of the Tenant Improvement Allowance and the total cost of the Tenant Improvement Work; provided that Landlord shall pay all costs of the Tenant Improvement Work up to the amount of the Tenant Improvement Allowance prior to any contribution by Tenant if: (a) the cost of the Tenant Improvement Work is reasonably estimated to exceed the Tenant Improvement Allowance (based on quotes received by Tenant for such work), and (b) Tenant deposits the funds necessary to pay for such excess costs in an escrow account reasonably acceptable to Landlord. Notwithstanding the foregoing, Landlord shall have no obligation to pay the Tenant Improvement Allowance if (i) an Event of Default by Tenant exists under this Lease; (ii) a lien has been filed with respect to construction matters shall be related to Landlord’s representative the Tenant Improvement Work that has not been released; (iii) Tenant is not in compliance with the terms of all applicable permits for the Tenant Improvement Work, or Tenant’s representative, as (iv) the case may be. Neither party will [ILLEGIBLE] insurance required under this Lease is not in full force and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the othereffect.

Appears in 1 contract

Sources: Commercial Lease (Telik Inc)

Tenant Improvements. Landlord shall(a) Landlord, at its sole expense, shall (i) complete construction of the bathrooms on the third and fourth floors of the Building (including one (1) shower per bathroom) and (ii) install all main trunk lines for the HVAC systems in the Demised Premises, each in accordance with Building standards (collectively, the "Landlord’s sole cost, insure that all systems, such as electrical, plumbing's Work"). Except for the Landlord's Work Landlord shall have no obligation to perform any improvements to the Demised Premises to prepare the space for Tenant's occupancy, and HVACTenant acknowledges that Tenant has inspected the Demised Premises and accepts the same in its "AS IS" condition, without any representation or warranty by Landlord. (b) Except for the Landlord's Work, Tenant shall perform, at its sole cost and expense, all work which Tenant deems necessary or desirable to prepare the space for Tenant's initial occupancy (collectively, the "Tenant Improvements"), which Tenant Improvements shall be subject to the prior written approval of Landlord. All work shall be performed in a good operating condition upon and workmanlike manner and in accordance with all applicable laws. Prior to the commencement of any work within the Lease TermDemised Premises, Tenant shall submit to Landlord, for Landlord's prior approval, proposed plans and specifications (the "Proposed Tenant's Plans") for Tenant's proposed improvements to the Demised Premises, which plans shall be prepared by a registered architect licensed to do business within the State in which the Property is located. The Proposed Tenant's Plans shall include all information and specifications necessary for Landlord to fully review the work described therein and shall conform to all applicable laws and requirements of public authorities and insurance underwriters' requirements. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks review and remove existing mold either approve or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment disapprove of the mold and mildew included in Landlord’s Work Proposed Tenant's Plans within five (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and 5) business days after receipt thereof from Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for If Landlord disapproves the Proposed Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.'s

Appears in 1 contract

Sources: Lease Agreement (Breakaway Solutions Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure acknowledges that all systems, such as electrical, plumbingTenant wishes to complete certain other tenant improvements (the “Tenant Improvements”) in the Premises, and HVAC, shall be that the Tenant Improvements will include the construction of a data center in good operating condition upon the commencement Premises. Landlord agrees to coordinate the construction of the Lease TermTenant Improvements. Promptly following the Effective Date, Landlord and Tenant shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇cooperate with ▇▇▇▇▇ Group ServicesArchitects to finalize construction plans, or a similar company that provides occupational healthspecifications, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work drawings (the “Air Quality AssessmentPlans”) for the Tenant Improvements. The final Plans shall be subject to the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of the final Plans, Landlord shall solicit bids for completion of the Tenant Improvements, and shall retain the qualified general contractor submitting the lowest acceptable bid (as determined by Landlord in its sole but reasonable discretion). All requests for changes to the Plans shall be in writing, and no change orders will be made without Landlord’s written approval. The costs of the Tenant Improvements shall be the sole responsibility of Tenant; provided, however, that Landlord shall provide Tenant with an allowance of up to $458,722.00 (the “Allowance”), calculated at $22.00 per square foot of the Premises. Landlord shall use the Allowance to pay: (i) costs incurred by Landlord for construction of the Tenant Improvements, (ii) costs and fees incurred by Landlord for permits, licenses, and other fees related to the construction of the Tenant Improvements; (iii) relocation expenses actually paid by Tenant to unaffiliated third parties (the “Relocation Expenses”), (iv) costs incurred by Landlord and Tenant for preparation of the Plans, and for any other plans and specifications related to the Tenant Improvements. Notwithstanding anything to the contrary herein, the amount of the Allowance applied to the costs specified in items (iii) and (iv) shall not perform collectively exceed $104,255.00. Subject to the cap set forth in the preceding sentence, and upon receipt of paid receipt invoices and any other information or documentation reasonably requested by Landlord’s Work until , Landlord shall reimburse Tenant from the Air Quality Assessment Allowance for the Relocation Expenses; to the extent Tenant has been performed and suggested remediationnot requested reimbursement of the Relocation Expenses on or before March 31, if any2011, has been delivered together with all documentation required by this Section 17.1.2, then the remaining portion of the Allowance as of said date shall be forfeited to Landlord. If the cost of the Tenant Improvements exceeds the Allowance, then Tenant shall immediately pay such excess cost to Landlord as Additional Rent. If the total sum paid by Landlord pursuant to this Section 17.1.2 is less than the Allowance, then Tenant shall not be entitled to any payment or credit for such excess amount. Landlord shall begin and Tenantcomplete the Tenant Improvements as soon as possible after the Commencement Date, subject to Tenant Delays and delays caused by Force Majeure. All fees Promptly upon completion of the Tenant Improvements, Landlord and permits necessary for Landlord’s Work Tenant will inspect the Tenant Improvements and develop a Punch List. Landlord will complete (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representativerepair, as the case may be. Neither party will [ILLEGIBLE] ) the items described on the Punch List with commercially reasonable diligence and will not give any instructions or authorizations tospeed, any other employee or agent of the other party, including the other party’s architects, engineers, subject to delays caused by Tenant Delays and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherForce Majeure.

Appears in 1 contract

Sources: Lease Agreement (Datalink Corp)

Tenant Improvements. The tenant improvement work ("Tenant Improvements") shall consist of the work required to complete certain improvements to 25901 Commercentre pursuant to approved "Working Drawings and Specifications" (as defined below). Lessee shall employ a licensed architect (the "Architect") for preparation of the Preliminary Plan and Working Drawings and Specifications (as hereinafter defined). Lessee shall contract with a general contractor to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements: A. Tenant shall submit the following to Landlord: (i) a detailed preliminary space plan for the Tenant Improvements prepared by the Architect, which shall include any demolition, interior partitions, ceilings, interior finishes, interior doors, floor coverings, window coverings, lighting, electrical and telephone outlets, plumbing connections, heavy floor loads and other special requirements ("Preliminary Plan"), (ii) working drawings and specifications prepared by the Architect based on the approved Preliminary Plan (the "Working Drawings and Specifications"). and (iii) any change proposed by Tenant to the approved Working Drawings and Specifications ("Change"). Within five (5) business days following its submission to Landlord, Landlord shallshall approve (by signing a copy thereof) or shall disapprove the Preliminary Plan, at the Working Drawings and Specifications and/or the Change. If Landlord disapproves the Preliminary Plan, Working Drawings and Specifications or Change, Landlord shall specify in detail the reasons for disapproval and Tenant shall cause the Architect to modify the Preliminary Plan, Working Drawings and Specifications or Change to incorporate Landlord’s sole cost's suggested revisions in a mutually satisfactory manner. Tenant agrees to acknowledge that Landlord will not check the Preliminary Plan, insure that all systemsthe Working Drawings and Specifications and/or any Change for building code compliance (or other federal, such as electricalstate or local law, plumbingordinance or regulations compliance), and HVAC, that Tenant and its Architect shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from solely responsible for such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”)matters. Landlord shall not perform Landlord’s Work until unreasonably withhold approval of the Air Quality Assessment Preliminary Plan. B. Tenant improvements must be consistent with the existing Improvements in the premises. Landlord shall in no event be required to approve any Improvement if Landlord determines that such improvements (i) is of lesser quality than the existing improvements (ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the level Landlord has been performed agreed to provide Tenant under this Lease, or (iv) would have an adverse aesthetic impact from the exterior of 25901 Commercentre. C. Tenant shall apply and suggested remediationpay for all utility services required for the Tenant Improvement work. D. Upon completion of the work, if any, has been delivered Tenant shall cause to be provided to Landlord (I) as-built drawings of the Tenant Improvements work signed by the Architect, (ii) a final punch list signed by Tenant, (iii) final unconditional lien waivers from the TI Contractor and Tenant. All fees and permits necessary for Landlord’s Work all subcontractors, (including but not limited to electrical, mechanicaliv) a duly recorded notice of completion of the improvement work, and fire (v) a certificate of occupancy for 25901 Commercentre (collectively, the "Close-Out Package"). E. The Tenant Improvements work shall be prosecuted at all times in accordance with all state, federal and life safety equipmentlocal laws, regulations and ordinance, including without limitation of OSHA and other safely laws, the Americans with Disabilities Act ("ADA") will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation all applicable governmental permit and code requirements. F. All the provisions of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluentthis Lease shall apply to, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. binding on Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent the construction of the other partyTenant Improvements. Landlord shall not be liable in any way for any injury, including loss or damage which may occur to any such work being performed by Tenant, the other party’s architectssame being performed by Tenant, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative the same being solely at any time by written notice to the otherTenant's risk.

Appears in 1 contract

Sources: Lease Agreement (Trimedyne Inc)

Tenant Improvements. Landlord shall, at Upon notice from Tenant and Tenant depositing with Lessor $600,000 in cash (Lessor to deposit said money in Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be name in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, a savings account at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group ServicesFargo however all interest will accrue to Tenant and be returned to Tenant unless Tenant defaults hereunder), or a similar company that provides occupational healthLandlord shall at its sole cost and expense demolish all the interior improvements (“Landlord Work”) in ½ the building and return the Premises to shell condition which shell condition shall include, safety but not be limited to the removal of all HVAC units and environmental risk information patch the roof. The parties shall agree on the definition shell condition prior to perform an environmental assessment execution of this Lease. If the Landlord Work for 415A is not complete within thirity (30) days of Tenant having posted the security deposit for the Tenant Improvements, then Tenant shall be permitted to do the demolition and deduct the cost of the mold demolition from the Base Rent. Upon Tenant finishing the Tenant Improvements (as defined below), Landlord shall immediately return the cash deposit and mildew included all interest to Tenant. Upon notice from Tenant and Tenant depositing with Landlord an additional $600,000 cash to be held in Landlord’s Work the same manner as the first cash deposit, Landlord shall at its sole cost and expense demolish all the interior improvements in the second half of the building and return the Premises to shell condition as defined above (the Air Quality AssessmentLandlord Work”). If the Landlord Work for 415B is not complete within thirity (30) days of Tenant having posted the security deposit for the Tenant Improvements, then Tenant shall be permitted to do the demolition and deduct the cost of the demolition from the Base Rent. Upon Tenant finishing Tenant Improvements in this half of the building, Lessor shall return the cash deposit and all accrued interest to Lessee. This is not a rent or lease guarantee but is rather a guarantee to replace the improvements being demolished by Landlord at the request of Tenant. The Landlord hereby approves of office, R&D, lab, wet lab, light manufacturing and warehouse Tenant Improvements being constructed in the Premises by Tenant. There will be no restriction to the amount of lab space allowed in the facility. All Tenant Improvements are to be designed in a first class code compliant manner, built and paid for by Tenant. Landlord to approve Tenant’s plans, Landlord’s approval shall not perform be unreasonably withheld or delayed. Tenant must improve the space to at least an 75% office/lab/r&d buildout. Tenant shall contract with their own general contractor, subject to Landlord’s Work until sole approval (Southbay Construction is hereby approved), and timely pay for all improvements to the Air Quality Assessment has been performed Premises. Tenant shall commence all Tenant Improvements within 6 months of turnover of space to Tenant and suggested remediationdiligently pursue the construction. till completion or landlord shall have the option to terminate this lease. Tenant improvements shall include, if anybut not be limited to all drywall, has been delivered to Landlord insulation, wall coverings, window coverings, floor coverings, restrooms, HVAC, fire sprinklers distributed (must be semi recessed in dropped ceiling areas), lights, electric, plumbing, doors, plans and Tenantpermits. All fees dropped ceilings to be a minimum of ten foot in height (12 foot in lobby-lobby may be a gypboard ceiling) with a standard white 2x4 grid with white doublelook ceiling tiles and permits necessary for Landlord’s Work 3 tube 2x4 drop in flourescent lights with parabolic or prismatic lenses. All doors to be solid core prefinished birch- 9’ in height. All offices and conference rooms to have a minimum of 3’ sidelight glass. Hallways to be a minimum of six feet wide. Carpet to be a minimum of 32 ounces looped pile. Building must be balanced with 100% HVAC distributed (including but a minimum of 1 ton per every 350 sq. ft.) with either a VAV system or multiple prepackaged gas/electric units (Carrier or Trane). Tenant to install at least two tiled restroom cores (with a separate mens and womens room ) at a mutually acceptable location to landlord. These building standards are defined here to set a minimum standard of improvements to be performed by Tenant, Tenant shall be allowed to upgrade any or all of these finishes and Lessor shall not limited to electrical, mechanical, and fire and life safety equipment) will be unreasonably withhold their approval. Landlord at Landlord’s expense. Any fees sole cost and permits necessary for Tenant’s installation of Tenant’s equipment, furniture expense shall immediately paint the Building in colors selected by Tenant and fixtures (including but not limited shall provide Tenant a $25,000 tenant improvement allowance to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as upgrade the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice entrance to the otherBuilding and build a walkway between this Building and 1263 Arques.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (Symyx Technologies Inc)

Tenant Improvements. A. Landlord shallshall be responsible for installation of the Tenant Improvements and will use Contractor for such purposes, at a cost to Tenant equal to the cost of installing the Tenant Improvements plus an agreed upon overhead and profit percentage of four and one-half percent (4.5%). Landlord will not add on any supervisory fees. Tenant may apply the “Allowance” (as defined in Section 3.C) against the cost of installing the Tenant Improvements. Tenant shall reasonably cooperate with Landlord and Contractor in connection with all aspects of planning and construction of the Tenant Improvements. Without limiting the foregoing, the following provisions shall apply: (i) Landlord and Tenant shall work with the Project Architect, Contractor and Ground Lessor (with respect to code compliance only) to develop a final set of construction plans for the Tenant Improvements consistent with Tenant’s space plan. Said construction plans once approved by Landlord, Tenant, the Project Architect, Contractor and Ground Lessor (with respect to code compliance only) shall be referred to as the "Final TI Plans”. (ii) Landlord, Tenant, the Project Architect and the Contractor shall cooperate to obtain the issuance of a building permit from the Ground Lessor for the Tenant Improvements as soon as possible. If the Ground Lessor requires any changes to the Final TI Plans, Landlord, Tenant, the Contractor and the Project Architect shall work together to promptly resolve any issues that may arise concerning the changes requested by the Ground Lessor. (iii) Landlord shall cause the Contractor to make its books and records pertaining to construction of the Tenant Improvements available for Tenant’s sole costreview in the same manner as applicable to the Landlord Improvements. (iv) Landlord shall cause the Contractor to (aa) proceed diligently to complete the Tenant Improvements in an efficient manner as it constructs the Landlord Improvements, insure that all systems, such as electrical, plumbing(bb) combine the construction schedule for the Tenant Improvements with the construction schedule for the Landlord Improvements, and HVACto provide Landlord and Tenant with a copy of such combined schedule, shall be in good operating condition upon and (cc) keep Landlord and Tenant advised of any changes to the commencement construction schedule. (v) During construction of the Lease Term. Tenant Improvements, Landlord or the Contractor shall carry builder's risk insurance on the Tenant Improvements. (vi) Landlord shall also be responsiblecause the Contractor to construct the Tenant Improvements in a good and workmanlike manner, at Landlord’s costin accordance with all applicable laws and in substantial compliance with the Final TI Plans. (vii) From time to time during the course of construction of the Tenant Improvements, Tenant may request changes to repair all existing roof leaks the Final TI Plans and remove existing mold or mildew resulting from such leaks Specifications (each a Landlord’s WorkTenant TI Change Order Request”, and collectively the “Tenant TI Change Order Requests”). Any Tenant TI Change Order Request shall be subject to the approval of Landlord, not to be unreasonably withheld. Within five (5) business days after receipt of a Tenant TI Change Order Request, Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesnotify Tenant in writing whether it is willing to approve the subject Tenant TI Change Order Request and if Landlord is not willing to approve such Request, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in such notice shall include Landlord’s Work (reasons therefor. If Landlord advises Tenant that it is willing to approve the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationsubject Tenant TI Change Order Request, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-’s notice shall include a memorandum setting forth the impact on cost and schedule resulting from such Tenant TI Change Order Request (each a “Tenant TI Change Order Memorandum”). Tenant shall, within five (5) business days following ▇▇▇▇▇▇’s receipt of a Tenant TI Change Order Memorandum, either (i) execute and return the Tenant TI Change Memorandum, in which case the cost of such TI Change Order Request shall be deemed approved and the construction schedule shall be deemed modified automatically, all as set forth in the Tenant TI Change Order Memorandum, without further action from either party to take account of such Tenant TI Change Order Request; or (ii) retract its Tenant TI Change Order Request. A Tenant LI Change Order Request shall not become part of the Tenant Improvements unless a written Tenant TI Change Order Memorandum is signed by Landlord, Tenant, Architect and the Contractor approving the change. Once a Tenant TI Change Order Memorandum has been signed by Landlord, Tenant, the Contractor and Project Architect (and Ground Lessor approval of the change has been obtained if required), the Final TI Plans are deemed modified by the signed TI Tenant TI Change Order Memorandum. (viii) Tenant shall have access to the Premises at reasonable times during construction for the purpose of monitoring the construction of the Tenant Improvements, and Landlord and Tenant shall promptly inform each other in writing if either discovers any defects in or other problems with Contractor's construction work related to the Tenant Improvements. Tenant shall comply with any reasonable rules and procedures adopted by the Contractor regulating Tenant Improvements site visits. (ix) The procedures applicable to the Landlord Improvements for determining Substantial Completion, the development of a punchlist and completion of Punchlist Items, shall also apply to the Tenant Improvements. (x) Landlord agrees to (i) warrant all work performed with respect to the Tenant Improvements for a period of twenty-four (24) months from the Substantial Completion of the Tenant Improvements (the “Warranty Period”) and to correct all defects in such work (at Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints sole cost and expense) of which ▇▇ ▇▇▇▇▇▇▇ as receives written notice from Tenant during the Warranty Period; and (ii) to correct all defects and perform all repairs to the portion of the Landlord Improvements during the Warranty Period, at Landlord’s sole cost and expense. Landlord shall assign to Tenant all warranties (extended or otherwise) that apply to any systems servicing the Tenant Improvements which Tenant is responsible for maintaining under the terms of the Lease, or if such warranties are non-assignable, Landlord shall enforce said warranties on Tenant’s representative behalf. Landlord’s warranty obligations related to act the Tenant Improvements shall not apply to defects or damages to any items subject to such warranties arising from or caused by ▇▇▇▇▇▇’s neglect or misuse or arising from or caused by Tenant’s failure to comply with its obligations under this Lease. C. Landlord will provide a Tenant Improvement Allowance ("Allowance") of forty-one dollars ($41.00) per rentable square foot which amount is included in the Base Rent and may be used at Tenant’s discretion for any expense incurred by Tenant in all related to the Premises, including, but not limited to, design, space planning, construction mattersdocuments, construction, computer flooring, moving expenses, telephone and data cabling, systems furniture, kitchen equipment, high density filing systems, emergency generators, supplemental HVAC equipment or other soft costs. All inquiriesNotwithstanding the foregoing, requests, instructions, authorizations and other communications with respect Tenant acknowledges that the Allowance is subject to construction matters reduction pursuant to Section 2.K. The Allowance shall be first applied toward payment of all costs incurred by Landlord in connection with installation of the Tenant Improvements, and any remaining balance shall be applied to reimburse Tenant for any Tenant Improvement costs incurred by Tenant that have not been paid by Landlord. If the cost of ▇▇▇▇▇▇▇▇’s construction of the Tenant Improvements is less than the amount of the Allowance, Landlord shall pay Tenant the difference within the later of (i) thirty (30) days following the Substantial Completion Date, or (ii) five (5) business days following the date Tenant provides Landlord with a written breakdown of the expenses incurred by Tenant related to the Premises to which Tenant will apply such Allowance payment. If the cost of Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent construction of the other partyTenant Improvements is greater than the amount of the Allowance, including Tenant shall pay Landlord the other partydifference within the later of (i) thirty (30) days following the Substantial Completion Date, or (ii) five (5) business days following the date Landlord provides Tenant with a written breakdown of the costs of installing the Tenant Improvements. D. Landlord shall permit Tenant and its representatives access to the Premises and the improvements prior to the Commencement Date to examine and inspect same. Tenant will be able to enter the Building ninety (90) days prior to the Commencement Date to prepare the Building for occupancy. Any early access will be at no cost to the Tenant. Access to the Building shall only be granted to installation companies that are compatible with Landlord’s architectsunion work force. The parties acknowledge that ▇▇▇▇▇▇ will have to work concurrently with Landlord to prepare the Premises for occupancy by the Commencement Date. Tenant and its representatives shall use diligent good faith efforts to avoid interfering with the work of Landlord and its contractors at the Premises. Tenant shall indemnify Landlord from all losses caused by the actions or negligence of Tenant and/or its representatives following such entry. Prior to entering upon the Premises, engineers, and contractors or any Tenant shall provide Landlord with evidence of their agents or employees, with regard the insurance coverages required to matters covered be maintained by Tenant under this Lease. Either Landlord or Tenant may change its representative at any time by written notice The foregoing indemnity obligations shall not apply to the otheractivities of the Contractor in its performance of the Tenant Improvements.

Appears in 1 contract

Sources: Office Lease (Express Scripts Inc)

Tenant Improvements. Landlord shall, at shall with reasonable diligence through a contractor designated by Landlord (which contractor may be an affiliate of Landlord’s sole cost, insure that ) cause to be installed in the Premises new building standard carpet and shall cause all systems, such interior walls in the Premises to be painted with building standard paint (the foregoing are hereinafter referred to as electrical, plumbingthe "TENANT IMPROVEMENTS") in good and workmanlike manner, and HVACin compliance with all applicable laws, codes and regulations. Upon request by Landlord, Tenant shall designate in writing an individual authorized to act as Tenant's Representative with respect to all approvals, directions and authorizations pursuant to this Construction Rider. Following execution of this Lease, Landlord shall proceed with reasonable diligence to cause the Tenant Improvements to be Substantially Completed on or prior to the Scheduled Commencement Date. The Tenant Improvements shall be deemed to be "SUBSTANTIALLY COMPLETED" when they have been completed in good operating condition upon accordance with the commencement Final Construction Documents except for finishing details, minor omissions, decorations and mechanical adjustments of the Lease Termtype normally found on an architectural "punch list". (The definition of Substantially Completed shall also define the terms "SUBSTANTIAL COMPLETION" and "SUBSTANTIALLY COMPLETE.") Following Substantial Completion of the Tenant Improvements and before Tenant takes possession of the Premises (or as soon thereafter as may be reasonably practicable and in any event within 30 days after Substantial Completion), Landlord and Tenant shall inspect the Premises and jointly prepare a "punch list" of agreed items of construction remaining to be completed. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks complete the items set forth in the punch list as soon as reasonably possible. Tenant shall cooperate with and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to accommodate Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost's contractor in completing the items on the punch list. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Scientific Learning Corp)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as and Tenant shall meet with Landlord’s representative designers and agree upon a set of plans and specifications and/or construction drawings (collectively the “Plans and Specifications”), covering all work to act for be performed by Landlord in all construction mattersconstructing Tenant improvements within the Premises (the “Tenant Improvements”). Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as shall have five (5) days after receipt of the Plans and Specifications in which to review and to give to Landlord written notice of its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would either materially alter the Premises or make any exterior or structural changes to the Premises or the Building. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate Tenant’s representative requests and, subject to act for Tenant in all construction matters. All inquiriesthe foregoing, requeststhe Plans and Specifications, instructionsas modified by said revisions, authorizations and other communications with respect to construction matters shall be related deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After the Plans and Specifications have been made or deemed final pursuant to the procedures set forth hereinabove, any subsequent changes to the Plans and Specifications requested by Tenant shall be at Tenant’s sole cost and expense and subject to Landlord’s representative written approval, which approval shall not be unreasonably withheld, conditioned or Tenantdelayed. (b) Landlord shall pay costs associated with the construction of the Tenant Improvements in an amount equal to $10.50 per useable square foot of space in the Premises based on 8606 useable square feet, for a maximum total amount of $90,363 (the “Improvement Allowance”). If the cost of constructing the Tenant Improvements exceeds the Improvement Allowance, the sums spent by Landlord in excess of the Improvement Allowance shall be considered additional rent, to be paid by Tenant to Landlord with thirty (30) days upon receipt of Landlord’s representativeinvoice therefore. The Improvement Allowance must be spent within the first 12 months of the Lease or whatever is outstanding shall be forfeited. (c) Landlord shall use reasonable speed and diligence to substantially complete construction of the Tenant Improvements in a good and workmanlike manner and to have the Premises ready for occupancy on or before June 1, 2006 as to Parcel A and on or before November 1, 2006 as to Parcel C. No liability whatsoever shall arise or accrue against Landlord by reason of its failure to deliver or afford possession of the case may bePremises unless it is a direct result of Landlord’s negligence or willful misconduct. Neither party will [ILLEGIBLE] Such failure to deliver possession of the Premises to Tenant by the dates herein stated shall automatically postpone the date of commencement of the Initial Term of this Lease and will payment of Rent and shall extend the termination date by the corresponding number of days. (d) The costs of constructing the Tenant Improvements shall include, but are not give any instructions or authorizations limited to, any the actual costs of construction (including the overhead and profit of Landlord’s contractors), construction management expenses, the cost of all permits and approvals, and all design costs and other employee or agent charges of Landlord’s designers, architects and engineers in the review and preparation of the other party, including the other party’s architects, engineers, Plans and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherSpecifications.

Appears in 1 contract

Sources: Lease Agreement (US BioEnergy CORP)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance) and in accordance with the Approved Plans (as defined below), the Amendment and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall be related advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Tenant commences the Tenant Improvements. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Landlord shall promptly return such excess to Tenant following completion of the Tenant Improvements. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s representative initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 17 of the Original Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 17 of the Original Lease, the terms of this Work Letter shall govern.

Appears in 1 contract

Sources: Lease (Zosano Pharma Corp)

Tenant Improvements. Landlord shallagrees to contribute an amount of money (the "Tenant Allowance") calculated at $0.40 per rentable square foot of the Expansion Space, multiplied by the number of months remaining in the Lease Term as of the Commencement Date for each individual suite therein. The Tenant Allowance shall be for the cost of constructing certain tenant improvements (the "Tenant Improvements") for the Expansion Space in accordance with the space plan (the "Plan") to be approved by both Landlord and Tenant within fifteen (15) days of the date of execution of this Agreement. It is understood and agreed that Landlord's contractors shall perform the work in connection with the Tenant Improvements. If the cost to construct the Tenant Improvements pursuant to the Plan exceeds the Tenant Allowance, then within ten (10) days of Tenant's receipt of an invoice from Landlord, Tenant shall pay Landlord, as additional rent, by certified or cashier's check, an amount equal to the difference between the cost to construct the Tenant Improvements and the Tenant Allowance. Tenant agrees it shall not make any changes to the Plan without obtaining the prior written consent of Landlord. In the event Tenant shall make changes to the Plan that are approved by Landlord and which result in an additional cost to Landlord of completing the Tenant Improvements in excess of the Tenant Allowance, Tenant shall pay to Landlord prior to construction of such changes, as additional rent, any increase in the cost of completing the Tenant Improvements in excess of the Tenant Allowance resulting from such changes in the Plan. In the event Tenant, its employees or agents, causes any delays or is otherwise responsible, in whole or in part, for any additional costs in excess of the Tenant Allowance incurred by Landlord in constructing the Tenant Improvements (other than additional costs arising due to changes to the Plan as described above), Tenant shall pay to Landlord within ten (10) business days of receipt of written notice from Landlord, as additional rent, any such additional costs in excess of the Tenant Allowance incurred by Landlord. Tenant's failure to timely pay any such amounts to be paid by Tenant as set forth in this Article, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, the time and HVACin the manner set forth in this Article, shall be in good operating condition upon the commencement an event of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costdefault. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Deltek Systems Corp)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, Tenant shall improve the Premises by constructing 10,000 to 12,000 square feet of additional (mostly) second story office space (the "Additional Office Space") which shall be in good operating condition upon attached to and contiguous with and located to the commencement rear (southwest) of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or that certain "Existing Office Space" as depicted on a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work preliminary floor plan (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed "Preliminary Floor Plan") to be prepared by Tenant and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but 's reasonable approval, which approval shall not limited to electrical, mechanicalbe unreasonably withheld or delayed. Tenant shall deliver said Preliminary Floor Plan on or before the Early Occupancy Commencement Date, and fire Landlord shall have five (5) business days to approve the same. Upon said approval, said Preliminary Floor Plan shall be attached hereto as Exhibit E. b. Tenant shall also effect renovations of and life safety equipmentalterations to the Existing Office Space (the construction of the Additional Office Space and renovation of and alterations to the Existing Office Space shall hereinafter be referred to as the "Tenant Improvements"), subject to the Landlord's consent as required herein. Prior to the Early Occupancy Commencement Date, if possible, and in any event, prior to commencing any renovations or alterations, Tenant shall submit the plans (the "Plans") and specifications (the "Specifications") for the Tenant Improvements (collectively, the "Tenant Improvement Plans") to Landlord for Landlord's approval. Landlord's approval shall not be unreasonably withheld or delayed. Additionally, Landlord shall have no right to object to Tenant Improvement Plans to the extent that they are consistent with the Preliminary Floor Plan. Landlord's consent to any part of the Tenant Improvement Plans that are inconsistent with and/or not delineated in the Tenant Improvement Plans will be at entirely within the Landlord’s expense's discretion. Any fees and permits necessary for Tenant’s installation If Landlord fails to respond to the submittal by Tenant of Tenant’s equipmentthe Tenant Improvement Plans within five (5) business days from submission, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) those Tenant Improvement Plans shall be Tenant’s sole responsibility deemed approved. A final revised set of Tenant Improvement Plans reflecting any and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ all changes by any and all applicable governmental agencies shall be attached hereto as Landlord’s representative to act for Landlord in all construction mattersExhibit "F". Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for shall pay all costs incurred by Tenant in all construction mattersconnection with the preparation of the Tenant Improvement Plans, subject to Tenant being permitted to use a portion of the Tenant Improvement Allowance to pay for such costs and expenses as hereinafter provided. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters The Premises shall be related to Landlord’s representative or completed by Tenant and its contractor(s), at Tenant’s representative's sole expense, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice subject to the otherTenant Improvement Allowance referred to herein, in accordance with the Tenant Improvement Plans.

Appears in 1 contract

Sources: Business Lease

Tenant Improvements. Landlord shallTenant, at Landlord’s his sole costexpense shall provide all Tenant improvements to space. Landlord will remove all cabinetry in space before Tenant begins construction on said space. The parties hereto have executed this Lease at the place and on the dates specified immediately adjacent to their respective signatures. If this Lease has been filled in, insure that all systemsit has been prepared for submission to your attorney for his approval. No representation or recommendation is made by the real estate broker or its agents or employees as to the legal sufficiency, such as electricallegal effect, plumbingor tax consequences of this Lease or the transactions relating thereto. GREEN VALLEY CORPORATION ------------------------ by: /s/ ----------------------------- Address ---------------------------- ---------------------------- "LANDLORD" COAST COMMERCIAL BANK --------------------- by: /s/ ----------------------------- Address ---------------------------- ----------------------------------- "TENANT" RULES AND REGULATIONS 1. No sign, and HVACplacard, picture, advertisement, name or notice shall be in good operating condition upon the commencement inscribed, displayed or printed or affixed on or to any part of the Lease Termoutside or inside of the Building without the written consent of Landlord first had and obtained and Landlord shall have the right to remove any such sign, placard, picture, advertisement, name or notice without notice to and at the expense of Tenant. All approved signs or lettering on doors shall be printed, painted, affixed or inscribed at the expense of Tenant by a person approved of by Landlord. Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises; provided, however, that Landlord may furnish and install a Building standard window covering at all exterior windows. Tenant shall not without prior written consent of Landlord cause or otherwise sunscreen any window. 2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the tenants or used by them for any purpose other than for ingress and egress from their respective Premises. 3. Tenant shall not alter any lock or install any new or additional locks or any doors or windows of the Premises. 4. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant who, or whose employees or invitees shall have caused it. 5. Tenant shall not overload the floor of the Premises or in any way deface the Premises or any part thereof. 6. No furniture, freight or equipment of any kind shall be brought into the Building without the prior notice to Landlord and all moving of the same into or out of the Building shall be done at such time and in such manner as Landlord shall designate. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if considered necessary by Landlord, stand on supports of such thickness as is necessary to properly distribute the weight. Landlord will not be responsibleresponsible for loss of or damage to any such safe or property from any cause and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired at the expense of Tenant. 7. Tenant shall not use, at keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to the Landlord or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building. 8. No cooking shall be done or permitted by any Tenant on the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. 9. Tenant shall not use or keep in the Premises or the Building any kerosene, gasoline or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Landlord’s cost. 10. Landlord will direct electricians as to where and how telephone and telegraph wires are to be introduced. No boring or cutting for wires will be allowed without the consent of the Landlord. The location of telephones, call boxes and other office equipment affixed to repair all existing roof leaks the Premises shall be subject to the approval of Landlord. 11. On Saturdays, Sundays and remove existing mold legal holidays, and on other days between the hours of 6:00 P.M. and 8:00 A.M. the following day, access to the Building, or mildew resulting to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building in charge and has a pass or is properly identified. The Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from such leaks (“the Building or any person. In case of invasion, mob, riot, public excitement, or other commotion, the Landlord reserves the right to prevent access to the Building during the continuance of the same by closing of the doors or otherwise, for the safety of the tenants and protection of property in the Building and the Building. 12. Landlord reserves the right to exclude or expel from the Building any person who, in the judgment of Landlord’s Work”), is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of the rules and regulations of the Building. 13. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the written consent of the Landlord. 14. Landlord shall engage ▇▇▇▇▇▇▇ Group Serviceshave the right, exercisable without notice and without liability to Tenant, to change the name and street address of the Building of which the Premises are a part. 15. Tenant shall not disturb, solicit, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment canvass any occupant of the mold Building and mildew included shall cooperate to prevent same. 16. Without the written consent of Landlord, Tenant shall not use the name of Building in Landlord’s Work (connection with or in promoting or advertising the “Air Quality Assessment”)business of Tenant except as Tenant's address. 17. Landlord shall not perform Landlord’s Work until have the Air Quality Assessment has been performed right to control and suggested remediationoperate the public portions of the Building, if anyand the public facilities, has been delivered to Landlord and Tenantheating and air conditioning, as well as facilities furnished for the common use of the tenants, in such manner as it deems best for the benefit of the tenants generally. 18. All fees and permits necessary for Landlord’s Work (including but entrance doors in the Premises shall be left locked when the Premises are not limited to electrical, mechanicalin use, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited all doors opening to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) public corridors shall be Tenant’s sole responsibility kept closed except for normal ingress and costegress from the Premises. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Addendum (Coast Bancorp)

Tenant Improvements. The tenant improvement work ("Tenant Improvements" or the “Tenant Improvement Work”) shall consist of the work required to complete certain improvements to the Premises pursuant to approved "Working Drawings and Specifications" (as defined below), and shall include the necessary demolition of existing improvements within the Premises. Tenant shall employ a licensed architect reasonably acceptable to Landlord shall(the "Architect") for preparation of the “Preliminary Plan” and “Working Drawings and Specifications” (as hereinafter defined), at and shall cause the Architect to inspect the Premises to become acquainted with all existing conditions. Studio O+A is hereby pre-approved by the Landlord as Tenant’s Architect. Tenant shall contract with the “TI Contractor” (as defined below) to construct the Tenant Improvements. The Tenant Improvements Work shall include installing one (1) loading dock more particularly described on Schedule 2 attached to this Work Letter. The Tenant Improvement Work shall be undertaken and prosecuted in accordance with the following requirements: A. Prior to the date of this Lease, Landlord and Tenant have approved those certain space plans dated 5.24.2013 prepared by the Architect, copies of which space plans are attached as Schedule 3 to this Work Letter (collectively, the “Approved Preliminary Plan”), provided that Landlord reserves the right to reasonably approve 3-D renderings of the Approved Preliminary Plan. Subsequent to the date of this Lease, Tenant shall submit the following to Landlord: (i) working drawings and specifications prepared by the Architect based on the Approved Preliminary Plan (the "Working Drawings and Specifications"), and (iii) any change proposed by Tenant to the approved Working Drawings and Specifications ("Change"). Within 5 business days following its submission to Landlord, Landlord shall approve (by signing a copy thereof) or shall disapprove any Change, and within 10 business days following its submission to Landlord, Landlord shall approve or shall disapprove the Working Drawings and Specifications. If Landlord disapproves the Working Drawings and Specifications or Change, Landlord shall specify in writing and in detail the reasons for disapproval and Tenant shall cause the Architect to modify the Working Drawings and Specifications or Change to incorporate Landlord's suggested revisions in a mutually satisfactory manner, but in no event shall Landlord’s sole cost, insure disapproval be unreasonable. Tenant agrees and acknowledges that all systems, such as electrical, plumbingLandlord has not checked the Approved Preliminary Plan, and HVACwill not check the Working Drawings and Specifications and/or any Change, for building code compliance (or other federal, state or local law, ordinance or regulations compliance), and that Tenant and its Architect shall be in good operating condition upon the commencement solely responsible for such matters. Subsequent to Tenant's submittal of Working Drawings and Specifications to Landlord for approval and application for building permit (but prior to issuance of a building permit), Tenant may elect to commence construction of the Lease TermTenant Improvements to the extent permitted by law. B. To the extent applicable, the Tenant Improvements shall endeavor to incorporate Landlord’s building standard materials and specifications described on Schedule 1 attached to this Work Letter or superior materials and specifications reasonably acceptable to Landlord (collectively, the “Building Standard Improvements”), including, without limitation, for the exterior doors leading to the outdoor seating. All non-Building Standard Improvements shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, provided, however that Landlord shall also in no event be responsiblerequired to approve any Non-Standard Improvement if Landlord determines that such Improvements (i) is of a lesser quality than the corresponding Building Standard Improvement, at Landlord’s cost(ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the level Landlord has agreed to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesprovide Tenant under this Lease, or a similar company that provides occupational health, safety and environmental risk information to perform (iv) would have an environmental assessment adverse aesthetic impact from the exterior of the mold and mildew included in Landlord’s Work Premises. C. Tenant shall contract with Devcon Construction Co. (the “Air Quality AssessmentTI Contractor)) and shall enter into a written construction contract (the “TI Contract”) with the TI Contractor for construction of the Tenant Improvements. Landlord If requested by Landlord, Tenant shall not perform deliver copy of the TI Contract to Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanicalprovided that such TI Contract, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) the provisions thereof shall be Tenant’s sole responsibility treated as confidential with disclosure of the terms of such TI Contract restricted to only those Landlord employees who have a need to know the information and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ who shall treat such information as Landlord’s representative to act for Landlord in all construction mattersstrictly confidential. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative shall cause the Tenant Improvements to act for Tenant be constructed in all construction matters. All inquiries, requests, instructions, authorizations a good and other communications workmanlike manner in accordance with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] approved Working Drawings and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherSpecifications.

Appears in 1 contract

Sources: Lease Agreement (Silicon Graphics International Corp)

Tenant Improvements. Landlord shallThe leasehold improvements to be constructed by Tenant (the “Tenant Improvements”), at Tenant’s sole cost and expense (except for the Landlord’s sole costConstruction Allowance, insure that all systems, such as electrical, plumbing, and HVACspecified in Paragraph 5 of this First Amendment), shall be constructed in good operating condition upon accordance with the commencement Final Plans to be submitted by Tenant and reviewed and approved by Landlord in accordance with the provisions of Paragraph (b) of this Exhibit A. Landlord shall have no obligation to construct or to pay for the construction of the Lease TermTenant Improvements. However, Landlord shall also be responsible, at agrees to contribute toward the cost of construction of the Tenant Improvements the cash sum of up to the Landlord’s costConstruction Allowance (as defined in Paragraph 5 of this First Amendment). Notwithstanding anything in this First Amendment or in this Work Letter to the contrary, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord Construction Allowance shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment be used only for the construction of the mold Tenant Improvements, and mildew included in Landlord’s Work if construction of the Tenant Improvements is not completed within eighteen (18) months following the Effective Date of this First Amendment (the “Air Quality AssessmentConstruction Termination Date”). Landlord shall not perform , then Landlord’s Work until obligation to provide the Air Quality Assessment has Landlord’s Construction Allowance shall terminate and become null and void, and Tenant shall be deemed to have waived its rights in and to said Landlord’s Construction Allowance. The Landlord’s Construction Allowance will be reduced by any consulting or architectural fees incurred by Landlord (but limited as set forth herein). The construction costs that may be reimbursed from the Landlord’s Construction Allowance shall include only the following: costs of labor, equipment, supplies and materials furnished for construction of the Tenant Improvements; governmental fees and charges for required permits, plan checks, and inspections for the Tenant Improvements; charges of Tenant’s design professionals; and charges of Landlord’s design professionals for review of plans and monitoring of construction or installation of the Tenant Improvements. No other costs, fees or expenses of the Tenant Improvements shall be reimbursable out of the Landlord’s Construction Allowance. Landlord’s payment of the Landlord’s Construction Allowance, or such portion thereof as Tenant may be entitled to, shall be made within thirty (30) days after each and all of the following conditions shall have been performed and suggested remediation, if any, has satisfied: (i) the Tenant Improvements shall have been completed in accordance with the Final Plans (as hereinafter defined); (ii) Tenant shall have delivered to Landlord satisfactory evidence that all mechanics’ lien rights of all contractors, suppliers, subcontractors, or materialmen furnishing labor, supplies or materials in the construction or installation of the Tenant Improvements have been unconditionally waived, released, or extinguished; (iii) Tenant shall have delivered to Landlord paid receipts or other written evidence satisfactorily substantiating the actual amount of the construction costs of the Tenant Improvements; (iv) Tenant shall have delivered to Landlord a final certificate of occupancy for the Premises; and Tenant. All fees (v) Tenant shall not then be in default of any of the provisions of the Lease, and permits necessary for if Tenant is in default, then once such default is cured, the Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will Construction Allowance being withheld shall be at released. If the actual cost of the Tenant Improvements is less than the Landlord’s expense. Any fees Construction Allowance, then Tenant shall not receive any credit whatsoever for the difference between the actual cost of the Tenant Improvements and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherConstruction Allowance.

Appears in 1 contract

Sources: Lease Agreement (Schrodinger, Inc.)

Tenant Improvements. Landlord shallThe tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises (including base Building Structure modifications, if approved by Landlord) pursuant to approved plans and specifications. Tenant shall employ its own architect and general contractor in constructing the Tenant Improvements. The general contractor shall be selected and engaged by Tenant on the basis of a competitive bid involving at Landlord’s sole costleast 3 mutually approved general contractors. The work shall be undertaken and prosecuted in accordance with the following requirements: A. Concurrently with sign-off by Tenant, insure that the space plans, construction drawings and specifications for all systemsimprovements and finishes, such as electrical, plumbing, and HVACtogether with any changes thereto, shall be in good operating condition upon submitted to Landlord (with samples as required) for review and approval by Landlord and its architect for the commencement Project. To the extent applicable, the build-out of the Lease TermTenant Improvements shall include Landlord’s building standard tenant improvements, materials and specifications for the Project. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the extent of any remaining balance of the “Landlord Contribution” as described below, Tenant shall, in addition to its other obligations herein, promptly reimburse Landlord for such costs within 10 days following receipt of invoices from Landlord marked as paid. B. All construction drawings prepared by Tenant’s architect shall follow Landlord’s CAD standards, which standards shall be provided to Tenant or its architect upon request. Landlord shall also be responsibleprovide Tenant, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (with a set of Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment as built” drawings of the mold and mildew included in base Building. C. Landlord shall, subject to the foregoing, approve or disapprove any submittal of plans or specifications by Tenant within 5 business days following receipt thereof by Landlord’s Work (. D. Tenant shall use the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, plumbing and fire and fire/life safety equipment) will be at Landlord’s expenseengineers and subcontractors designated by Landlord (the “Designated Entities”). Any fees and permits necessary for If Tenant elects not to use the Designated Entities, Landlord may have such Designated Entities review Tenant’s installation of Tenant’s equipment, furniture Plans and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) the actual cost therefor shall be Tenant’s sole responsibility and cost. (a) deducted from the Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction mattersContribution. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters subcontractors shall be related subject to Landlord’s representative reasonable approval, and Landlord may require that one or more designated subtrades be union contractors. E. Tenant shall deliver to Landlord a copy of the final application for permit and issued permit for the construction work. F. Tenant’s representativegeneral contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on third party contractors, as including without limitation all insurance coverage requirements and the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. G. A construction schedule shall be provided to Landlord prior to commencement of the other partyconstruction work, and weekly updates shall be supplied during the progress of the work. H. Tenant shall give Landlord 10 days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted. I. Tenant and its general contractor shall attend weekly job meetings with Landlord’s construction manager for the Project. J. Upon completion of the work, Tenant shall cause to be provided to Landlord (i) as-built drawings of the Premises signed by Tenant’s architect, (ii) CAD files of the improved space compatible with Landlord’s CAD standards, (iii) a final punch list signed by Tenant, (iv) final and unconditional lien waivers from all contractors and subcontractors, (v) a duly recorded Notice of Completion of the improvement work, and (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files compatible with Landlord’s standards as required herein, Landlord may cause its architect to prepare same and the cost thereof shall be reimbursed to Landlord by Tenant within 10 days of invoice therefor. K. The work shall be prosecuted at all times in accordance with all state, federal and local laws, regulations and ordinances, including without limitation all OSHA and other safety laws. L. All of the other partyprovisions of this Lease shall apply to any activity of Tenant, its agents and contractors, in the Premises prior to the Commencement Date, except for the obligation of Tenant to pay rent. M. It is understood that the Tenant Improvements may be done during Tenant’s architectsoccupancy of the Premises and, engineersin this regard, Tenant agrees to assume any risk of injury, loss or damage which may result. Tenant further agrees that it shall be solely responsible for relocating its office equipment and furniture in the Premises in order for the foregoing Tenant Improvements to be completed in the Premises, that the Commencement Date of the Lease is not conditioned upon nor shall such date be extended by the completion of the foregoing Tenant Improvements, and contractors or any of their agents or employees, with regard to matters covered by this Leasethat no rental abatement shall result while the foregoing Tenant Improvements are completed in the Premises. Either Landlord or Tenant may change its representative at any time by written notice Except to the otherextent arising from Landlord’s negligence or willful misconduct, Landlord shall not be liable in any way for any injury, loss or damage which may occur to any work performed by Tenant, nor shall Landlord be responsible for repairing any defective condition therein. Except in the event of a Commencement Date Delay, in no event shall Tenant’s failure to complete the Tenant Improvements extend the Commencement Date of the Lease.

Appears in 1 contract

Sources: Lease Agreement (Alteryx, Inc.)

Tenant Improvements. Landlord shalla. All alterations and improvements Subtenant desires to construct within the Premises (collectively, at the “Improvements”) shall be approved by Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVACthereafter constructed, in accordance with the terms and conditions set forth in the Master Lease. b. Upon mutual execution of this Agreement, Sublandlord shall be make an allowance (“Improvement Allowance”) of $10.00/RSF ($223,890.00 in good operating condition upon the commencement total) of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, Premises available to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Subtenant for the purpose of performing the Subtenant Improvements (“Landlord’s Improvement Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group ServicesThe Improvement Allowance may be used for all reasonable hard and soft costs associated with the design, or a similar company that provides occupational healthengineering, safety permitting and environmental risk information to perform an environmental assessment construction of the mold Improvements, including without limitation cabling, IT/AV and mildew included in Landlord’s Work (the “Air Quality Assessment”)branding. Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will The Improvement Allowance may also be at Landlord’s expense. Any fees and permits necessary used for Tenant’s installation telecommunications systems or services, or for its moving expenses. Any amounts of Tenantthe Improvement Allowance unused by Tenant by August 1, 2022 may be applied towards Subtenant’s Rent, which date shall be subject to extension for force majeure delays, casualty and Landlord caused delays. c. The Improvement Allowance shall be funded upon completion of the Improvement Work in one installment to Subtenant or, at Subtenant’s sole discretion, directly to Subtenant’s general contractor, within thirty (30) days following Sublandlord’s receipt of Subtenant’s (i) substantiated statement of any amounts spent for furniture, fixtures and equipment, furniture and fixtures the Tenant Improvements, (including but not limited to electrical, mechanical, crane, racking, emissions, effluentii) certification that the Improvement Work was conducted in compliance with the Master Lease, and fire (iii) line waivers from all contractors and life safety equipment) materialmen providing services or products in connection with the Improvement Work. In the event Subtenant elects to apply the Improvement Allowance towards Subtenant’s Rent, Sublandlord shall be Tenantcredit against Subtenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act Monthly Rent next coming due for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent period commencing on the first day of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by next month following written notice to the otherfrom Subtenant until fully utilized.

Appears in 1 contract

Sources: Sublease Agreement (Charlotte's Web Holdings, Inc.)

Tenant Improvements. Landlord (A) Tenant shall, at Landlord’s its sole costcost and expense (subject to reimbursement from the Allowance) prepare complete, insure that all systems, such as electrical, plumbing, coordinated construction drawings and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work specifications (the “Air Quality AssessmentConstruction Documents). Landlord shall not perform Landlord’s Work until ) for the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits entire Premises as necessary for Tenant’s installation initial occupancy of the Premises (the “Tenant Improvements”). Nothing in the prior sentence being deemed to obligate Tenant to prepare any plans, drawings or specifications for any of the Base Building Work. The Tenant Improvements do not include the FF&E Work (as defined below). Tenant acknowledges that the Construction Documents will have been prepared by Tenant’s equipmentarchitect and engineers and, furniture accordingly, Tenant agrees to cause its architect to provide construction administration services to Landlord for the Tenant Improvements and fixtures FF&E Work, including the review and approval of requisitions by the general contractor and the provision of certifications necessary to cause Substantial Completion to occur. At all times, Landlord and Tenant will act promptly (and in any case within five (5) Business Days following delivery of notice from Tenant or Landlord, as applicable, unless expressly provided otherwise herein) on any construction-related questions or matters, including but not limited final color approvals and substitutions; provided, however, Landlord’s period to electricalact shall be reasonably extended to the extent Landlord’s Contractor’s input or response is necessary for resolving such questions or matters. In furtherance of the foregoing, mechanical, crane, racking, emissions, effluentTenant shall prepare and deliver plans and specifications for the Tenant Improvements for Landlord’s review and approval, and fire Landlord shall act as required below, in accordance with the following schedule: Tenant to deliver schematic plans to Landlord for the Tenant Improvements on or before November 21, 2014 (the “Schematic Plans”); To the extent the same may be determined from the Schematic Plans, Landlord to provide feedback concerning cost implications resulting from Tenant Requested Changes in the Base Building Work and life safety equipmentany anticipated delays in permitting for the Tenant Improvements based upon the Schematic Plans on or before the date ten (10) shall be Business Days after receipt of the Schematic Plans; Tenant to provide Landlord with complete building permit plans for the Tenant Improvements (the “Building Permit Plans”) on or before December 19, 2014; Landlord to provide Tenant with an estimated cost of the Tenant Improvements (with the estimated price for the same broken out in consultation with the Contractor) and an estimated schedule for completion of the Tenant Improvements within thirty (30) days after receipt of the Building Permit Plans; Tenant to provide Landlord with completed Construction Documents on or before February 14, 2015. Landlord, Tenant’s sole responsibility , the Contractor and cost. (a) the architects will meet weekly during the design process described above. Tenant has retained, and Landlord hereby appoints has approved, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ & Associates, Inc. as Tenant’s representative architect for the Tenant Improvements. Tenant shall retain Landlord’s structural engineer for the Tenant Improvements, if any portion of the Tenant Improvements affects structural components of the Building, and shall retain mechanical, electrical and plumbing engineers reasonably acceptable to act Landlord. Even though such engineer (or any other engineers or architect, if Tenant engages Landlord’s engineers or architect) has been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the contractual undertakings and costs and expenses of all architectural and engineering services relating to the Tenant Improvements arising therefrom (subject to reimbursement from the Allowance), including, without limitation, any changes necessary to ensure the adequacy and completeness of any plans, including the Construction Documents, submitted to Landlord. Tenant’s architects and engineers shall be responsible for all elements of the plans for the Tenant Improvements (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment, and continuity with the Base Building Work), and Landlord’s approval of any Tenant plans, including Construction Documents, shall in all construction matters. All inquiriesno event relieve Tenant of the responsibility therefor; provided, requestshowever, instructionsthat Landlord and its architects and consultants in reviewing the Building Permit Plans shall use reasonable efforts to identify any issues associated with the continuity between the Tenant Improvements and the Base Building Work within ten (10) Business Days after receipt of the Building Permit plans, authorizations and other communications but failure to do so shall not relieve Tenant of the foregoing obligation or impose any liability upon Landlord, its architects or consultants (except that the foregoing limitation on liability shall not operate to limit the liability to Tenant of any consultant retained by Tenant with respect to construction matters the Tenant Improvements). Tenant shall be related responsible for reimbursing Landlord for the reasonable out-of-pocket third-party expenses incurred by Landlord in having its architects, engineers and other consultants reviewing any submissions in connection with the Tenant Improvements, and Landlord may deduct such expenses from the Allowance, provided that prior to deducting any such expenses, Landlord shall provide Tenant with written notice thereof, together with reasonable supporting documentation. Tenant acknowledges and agrees that the Tenant Improvements and the Construction Documents shall not include the roof deck which Tenant may desire to have constructed on the Building (the “Roof Deck”). If Tenant desires to have Landlord construct the Roof Deck, Tenant may concurrent with the delivery of the Construction Documents, deliver separate construction drawings and specifications for the Roof Deck prepared in accordance with the same requirements as are applicable to the Construction Documents, for Landlord’s representative review and approval, which shall not be unreasonably withheld, conditioned or delayed. With respect to the Roof Deck, Tenant agrees to comply with the same terms and obligations imposed upon Tenant with respect to the Roof Equipment under Section 17.17 of the Lease. Upon approval of the plans and specifications for the Roof Deck by Landlord, Landlord shall use reasonable efforts to obtain permits and approvals for the Roof Deck, at Tenant’s representativeexpense, separate from the permits and approvals for the Landlord’s Work, but Landlord shall not be liable for any delay resulting from Landlord’s inability to obtain permits for the Roof Deck and the construction of the Roof Deck shall not be a condition precedent to the Commencement Date. If to be performed by Landlord, the construction of the Roof Deck shall be in accordance with the same requirements applicable to the Tenant Improvements at Tenant’s expense, but Tenant may utilize any portion of the Allowance not exhausted by the Tenant Improvements towards the construction of the Roof Deck. The Construction Documents must provide for Tenant Improvements costing no less than $60 per rentable square foot in hard costs (the “TI Minimum”). Subject to the provisions of this Work Letter, Tenant may, from time to time, by written order to Landlord on a form reasonably specified by Landlord (“Tenant Improvements Change Order”), request Landlord’s approval of a change in the Tenant Improvements shown on the Construction Documents, which approval shall not be unreasonably withheld, conditioned or delayed in accordance with Article VI of the Lease. All Tenant modifications to the Construction Documents, whether material or not, shall be made only by Tenant Improvements Change Order submitted in timely fashion to Landlord and approved by Landlord. The price to be paid for Excess Tenant Improvements (as defined below) shall be adjusted for any Tenant Improvements Change Order. Landlord shall be authorized to proceed with work shown on any Tenant Improvements Change Order as further set forth below. (B) Provided that no Default is continuing, Landlord shall contribute the case sum of $8,835,075 ($75 per rentable square foot) toward the cost of performing the Tenant Improvements (including on account of any Tenant Improvements Change Order) (the “Allowance”). The Allowance may beonly be used for (x) soft costs (which shall include costs of preparing design and construction documents and mechanical and electrical plans for the Tenant Improvements; professional fees to be paid to Tenant’s engineers, architects, project managers, and other design consultants; moving costs, computer wiring and cabling, permit and license fees), and the construction supervision fee payable to Landlord as set forth below (but the following cap shall not in any way limit the construction supervision fee due to Landlord hereunder) (“Soft Costs”), in an aggregate amount not to exceed $1,767,015 ($15 per rentable square foot), and (y) for hard costs in connection with the Tenant Improvements (which hard costs shall include, without limitation, costs of construction, labor and materials, and all forms of demolition, construction, alterations, and cosmetic improvements, including, without limitation, the cost of a supplemental air-conditioning unit and the general contractor’s fee payable to the general contractor for the Tenant Improvements as set forth below) [((x) and (y) are hereinafter collectively referred to as “Eligible Costs”)]. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations toAll Tenant Improvements (including, without limitation, any Tenant Improvements Change Orders) the cost of which exceeds the Allowance shall be “Excess Tenant Improvements.” All Excess Tenant Improvements shall be performed at the sole expense of Tenant, such costs being considered additional rent hereunder. To the extent the Contractor (or another contractor) requests a change order with respect to the Tenant Improvements, Landlord and Tenant shall cooperate with each other, and meet with the Contractor (or such other employee or agent contractor), in order to mitigate the costs of such change order to Tenant and the impact on the schedule for the Substantial Completion of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 1 contract

Sources: Lease Agreement (LogMeIn, Inc.)

Tenant Improvements. (a) Landlord shall, at Landlord’s its sole costexpense, insure that all systems, such as electrical, plumbing, construct the base building work identified on Exhibit "B" attached hereto and HVAC, shall be in good operating condition upon made a part hereof (the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”"BASE BUILDING WORK"). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety secure all necessary permits and environmental risk information to perform an environmental assessment comply with all applicable laws in connection therewith (but excluding any permits and approvals required for the performance of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”Tenant Improvements as hereinafter defined). Landlord shall substantially complete the "Preliminary Base Building Work" identified on Exhibit "B-1" on or prior to November 1,1999. "SUBSTANTIAL COMPLETION" is defined as that point in time when Landlord's architect certifies that construction of the Preliminary Base Building Work is complete except for (i) any improvements or work to be performed by Tenant; (ii) minor or insubstantial details of construction, mechanical adjustments, or finishing touches, which items shall not adversely affect Tenant's conduct of its ordinary business activities in the Premises; (iii) items not then completed because of Tenant Delays and (iv) items to be performed by Landlord contemporaneously with Tenant's construction of the Tenant Improvements (as hereinafter defined), namely, all Base Building Work other than the Preliminary Base Building Work. "TENANT DELAY" is defined as delay directly impacting Landlord's ability to timely achieve Substantial Completion which is caused by Tenant, provided, however, in no event shall Tenant Delay be claimed as a basis for relief from the provisions specified above unless and until Landlord has first given Tenant notice that it intends to claim delay as a result of Tenant's acts or failure to timely act. Except for the Base Building Work, Landlord shall have no obligation to perform Landlord’s Work until any improvements to the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered Demised Premises to Landlord and prepare the space for Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical's occupancy, and fire Tenant acknowledges that, except for the Base Building Work to be completed by Landlord, Tenant has inspected the Demised Premises and life safety equipment) will be at accepts the same in its "AS IS" condition, without any representation or warranty by Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) Tenant shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative entitled to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative the benefit of any contractor warranties, to act for Tenant in all construction matters. All inquiriesthe extent assignable, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherBase Building Work.

Appears in 1 contract

Sources: Lease Agreement (E Spire Communications Inc)

Tenant Improvements. Promptly after the Execution Date, Landlord, at Tenant’s sole cost and expense, shall commence and diligently pursue completion of the Tenant Improvements to be constructed by it on the Premises. Upon Landlord’s receipt of the contractor’s estimate of the costs for construction of the Tenant Improvements, Landlord shall send Tenant a copy of that bid. If the bid for the cost of construction for the Tenant Improvements exceeds the Tenant Upfit Allowance, Tenant shall, at Landlordupon written notice to Landlord given within three (3) business days of Tenant’s sole costreceipt of the bid, insure that all systemshave the right to have the Tenant Improvements rebid. If the rebid is lower, such as electrical, plumbing, and HVAC, Tenant shall be in good operating condition upon entitled to have the commencement of Tenant Improvements completed by the Lease Term. Landlord shall also be responsiblecontractor submitting the rebid; provided, at that that contractor is properly licensed and is otherwise reasonably acceptable to Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work commence construction of the Tenant improvements until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative bid or Tenant’s representativerebid, as the case may be, is approved by the Tenant. Neither party will [ILLEGIBLE] All Tenant Improvements shall be constructed in substantial accord with Schedule C (as approved by the parties), in a workmanlike manner, and will otherwise in substantial compliance with all applicable building, fire, health, and sanitary codes and regulations, and shall be performed by a licensed general contractor selected by Landlord and reasonably acceptable to Tenant. Once approved, no material changes to the Tenant Improvements may be made without the written consent of both parties, which shall not give be unreasonably withheld, conditioned, or delayed. All approved changes shall be made in the form of a change order (“Change Order”) setting forth the increased costs, if any, caused by the change and specifying any instructions or authorizations to, any other employee or agent anticipated delay relating to that Change Order. Landlord shall be entitled to receive a supervision fee from Tenant on all Qualifying Change Orders (defined below) equal to the greater of: (i) seven percent (7.0%) of the other partyamount of the Change Order; and (ii) $50.00. “Qualifying Change Orders” includes all Tenant requested Change Orders after the third one and all Change Order(s) after the total increased costs, in the aggregate, for the Tenant requested Change Order(s) exceeds $25,000.00. Tenant shall reimburse Landlord for any increased costs, including any applicable supervision fees, within thirty (30) days of Tenant’s receipt of the other party’s architectsinvoice from Landlord for those increased costs. Unless otherwise noted in writing in Schedule C or in the applicable Change Order, engineers, the Tenant Improvements shall remain and contractors or any be surrendered with the Premises on expiration of their agents or employees, with regard to matters covered by this the Lease. Either Landlord If Schedule C or the Change Order provides that certain improvements are not to be surrendered, Tenant, at its sole cost, shall, upon termination of the Lease, remove those Tenant may change its representative at any time by written notice Improvements which are not to remain and repair all damage to the otherPremises caused by their removal. This obligation shall survive a termination of the Lease. Except as otherwise stipulated by the parties, during the Term, Tenant shall be responsible for any ad valorem taxes relating to the Tenant Improvements whether such are to remain or be removed.

Appears in 1 contract

Sources: Sublease Agreement (Larscom Inc)

Tenant Improvements. (a) For purposes of this Amendment, "Tenant Improvements" means, collectively, the alterations and improvements to the Expanded Premises to be constructed and/or installed by Landlord shallin accordance with the terms and conditions of Section 7 of this Amendment, as more particularly described in Exhibit B attached to and hereby made a part of this Amendment. (b) Landlord shall use commercially reasonable efforts to Substantially Complete (herein defined) the Tenant Improvements not later than October 31, 2006. For purposes of this Amendment, the Tenant Improvements shall be deemed to be "Substantially Complete" as of the date on which Landlord shall certify in writing to Tenant that: (i) The Tenant Improvements have been substantially completed in all material respects and in substantial accordance with the approved plans and specifications therefor (if any); and (ii) To the extent deemed necessary by Landlord, in Landlord's sole and absolute discretion, a temporary or permanent certificate of occupancy shall have been issued by the governmental authority having jurisdiction with respect to the Tenant Improvements or the governmental authority having jurisdiction with respect to the Tenant Improvements shall have otherwise evidenced its approval of the Tenant Improvements. In the event that Landlord is unable for any reason whatsoever to Substantially Complete the Tenant Improvements on or before October 31, 2006, then and in such event, Landlord shall have no liability whatsoever (including, without limitation, for any damages that Tenant may suffer) to Tenant in connection therewith or as a result thereof and none of the obligations of Tenant to Landlord set forth in this Amendment shall be affected thereby; provided, however, that Landlord shall use commercially reasonable efforts to Substantially Complete the Tenant Improvements as soon as reasonably possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of the Tenant Improvements which shall be incomplete as of the date of Substantial Completion of the Tenant Improvements as soon as possible thereafter. Notwithstanding the foregoing terms and conditions of this paragraph, in the event that the Tenant Improvements shall not be Substantially Complete on or before October 31, 2006 as a result of any default or delay on the part of Tenant with respect to the obligations of Tenant set forth in the Lease, then and in such event, (A) for all intents and purposes of the Lease the Tenant Improvements shall be deemed to have been Substantially Complete as of the date Landlord shall determine, in the sole but reasonable opinion of Landlord, that Landlord would have Substantially Completed the Tenant Improvements but for such default or delay on the part of Tenant, and (B) not later than ten (10) days after written demand shall be made therefor by Landlord of Tenant, Tenant shall reimburse Landlord for all additional costs and/or expenses (if any) that Landlord shall incur as a result thereof in connection with the construction and/or installation of the Tenant Improvements. (c) The Tenant Improvements shall be constructed and/or installed by Landlord using contractors (and subcontractors, if deemed necessary by Landlord) selected by Landlord, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing's discretion, and HVAC, shall be having experience in good operating condition upon connection with the commencement construction and/or installation of alterations and improvements similar in nature to the Lease TermTenant Improvements. Landlord shall also be responsiblehave the right, at Landlord’s cost's option, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or employ a similar company that provides occupational health, safety and environmental risk information construction management supervisor to perform an environmental assessment supervise the construction and/or installation of the mold Tenant Improvements. Any such construction management supervisor employed by Landlord may be an affiliate of Landlord. The costs and mildew included expenses incurred by Landlord in connection with the employment by Landlord of any construction management supervisor shall be a Cost of Tenant Improvements (herein defined) and, at the option of Landlord’s Work , may be deducted by Landlord from the amount of the Tenant Improvements Allowance (the “Air Quality Assessment”herein defined). ; provided, however, Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationinclude as a part of Cost of Tenant Improvements that portion, if any, has of any such construction management supervision fees and expenses incurred by Landlord as shall exceed that amount equal to the product of (i) 0.03 and (ii) all costs and expenses includable as part of the Cost of Tenant Improvements other than such construction management supervision fees and expenses. The Tenant Improvements shall be completed by Landlord in a good and workmanlike manner, in accordance with all applicable federal, state and local laws, ordinances, codes, rules, regulations and orders, and, if and as applicable, in accordance with any plans and specifications therefor that have been delivered to approved by Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (ad) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ For purposes of this Amendment, "Cost of Tenant Improvements" means the following costs and expenses, as Landlord’s representative to act for and if incurred by Landlord in connection with the construction and/or installation of the Tenant Improvements: (i) all hard or direct costs; (ii) all costs of architectural, engineering and planning services; (iii) all costs of building permits and other governmental approvals; (iv) all costs of labor, machinery and equipment; (v) all costs of any construction mattersmanagement services; (vi) all costs of demolition; and (vii) all other soft or indirect costs. For purposes of this Amendment. "Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ Improvements Allowance" means the sum of $98,186.00. Subject to the succeeding terms and conditions of Section 7(d) of this Amendment, all of the costs and expenses incurred by Landlord in connection with the construction and/or installation of the Tenant Improvements shall be paid by Landlord; provided, however, and not later than ten (10) days after written demand shall be made therefor by Landlord of Tenant, Tenant shall reimburse Landlord for that portion of the actual, final Cost of Tenant Improvements as Tenant’s representative shall exceed the amount of the Tenant Improvements Allowance. Any request for reimbursement made by Landlord of Tenant pursuant to act for the preceding terms and conditions of this paragraph shall be in writing and shall be accompanied by copies of invoices or other evidence reasonably satisfactory to Tenant showing Landlord to have incurred the costs and expenses in all construction mattersquestion. All inquiriesdeterminations regarding the actual, requests, instructions, authorizations and other communications with respect to construction matters final Cost of Tenant Improvements shall be related to made by Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] in Landlord's sole and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineersabsolute discretion, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either shall be binding upon Landlord or and Tenant may change its representative at any time by written notice to the otherabsent manifest error.

Appears in 1 contract

Sources: Lease Agreement (Charys Holding Co Inc)

Tenant Improvements. A. Any and all improvements to and remodeling of the Leased Premises required pursuant to this Lease or otherwise (the "Tenant Improvements") including, without limitation, the initial Tenant Improvements (hereinafter defined), shall be performed by (i) Tenant at Tenant's sole cost and expense, (ii) in accordance with applicable Laws and in accordance with plans and specifications approved by Landlord shalland the terms of this Lease (including, without limitation, Exhibit B), (iii) in a first-class workmanlike manner with first-class materials, (iv) by duly qualified or licensed persons, and (v) without interference with the operation of Landlord or other occupants of the Shopping Center. Upon receipt of Landlord's written approval of such plans and specifications, Tenant shall promptly commence and diligently pursue to completion the construction of the initial Tenant Improvements by the Commencement Date. If Tenant shall enter the Leased Premises prior to the Commencement Date, then Tenant shall perform all duties and obligations imposed by this Lease including, without limitation, the obligation to pay all Utility Charges, but excepting its obligation to pay Minimum Rent, Tax Rent and Tenant's Proportionate Share of Landlord's Operating Costs, all of which shall accrue from and after the Commencement Date. B. The initial Tenant Improvements shall mean and include, without limitation, all improvements, remodeling and redecorating required by Landlord in connection with Tenant's initial occupancy of the Leased Premises, which shall include, as applicable, all required demolition, and the removal of all debris, the furnishing and installation of new partition and ceiling framing, and any necessary floor filling and leveling, new wall, floor and ceiling treatments and finishes, new lighting systems and electrical outlets, new internally illuminated signage including one (1) sign at the storefront, one (1) sign at the rear of the Leased Premises, and one (1) sign each on the Freeway pylon sign and the Kingston Pike pylon sign (such signs are subject to Landlord’s sole cost's approval and all applicable Laws) and new store displays, insure that equipment and interior fixturing and furnishing all systemsin accordance with Landlord's specifications, such as electricalset forth in Exhibit B, together with all necessary modifications to the existing storefront and entrance doors, and the mechanical, plumbing, and HVACelectrical systems, fire protection systems and HVAC systems within the Leased Premises and providing service to the Leased Premises, as required by all applicable Laws or necessary to accommodate the initial Tenant Improvements. Subject to any applicable Law, in the event of a direct conflict between the final plans and specifications for the initial Tenant Improvements, as finally approved by Landlord, and the construction provisions contained in this Lease (including, without limitation, Exhibit B), the final Landlord approved plans and specifications shall be in good operating condition upon the commencement control Tenant's construction of the initial Tenant Improvements and shall supersede any directly inconsistent construction provisions contained in this Lease Term(including, without limitation, Exhibit B), but only to the extent the approved plans and specifications deal with an item specifically. Subject to the last sentence of this paragraph, prior to the Possession Date, Landlord shall also be responsible, perform all work at Landlord’s cost, its sole cost and expense necessary to repair all existing roof leaks put the HVAC system in the Leased Premises in working order and remove existing mold or mildew resulting from such leaks condition (“Landlord’s the "HVAC Work"). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety From and environmental risk information to perform an environmental assessment after the Possession Date and continuing through the remainder of the mold Term, any and mildew included all servicing, maintenance, repair and replacement of the HVAC system in Landlord’s Work the Leased Premises (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationincluding, if anywithout limitation, has been delivered any modifications to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited such HVAC system required to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation cause such HVAC system to comply with applicable Laws or required as a result of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment's initial Tenant Improvements) shall be Tenant’s the sole responsibility of Tenant and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or at Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] 's sole cost and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherexpense.

Appears in 1 contract

Sources: Lease Agreement (First Capital Income Properties LTD Series Viii)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, Subtenant acknowledges Subtenant shall be solely responsible and liable for constructing any and all improvements to the Sublease Premises. Sublandlord is not obligated to make any improvements to the Sublease Premises. Prior to commencing the construction of 4 any work in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationSublease Premises, if any, has been delivered Subtenant will deliver to Landlord Sublandlord full, complete working drawings and Tenant. All fees and permits necessary specifications for Landlord’s Work (including but not limited the improvements Subtenant desires to electricalconstruct in the Sublease Premises, mechanicalas well as the names, addresses, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation qualifications of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s prospective architects, engineers, and contractors which Subtenant intends to use for performance of the Sublease Premises improvements (collectively, the “TI Materials”). Sublandlord will notify Subtenant of its approval or disapproval of the TI Materials within fifteen (15) calendar days of receipt thereof by Sublandlord; in the event approval or disapproval is not received within such fifteen (15) calendar day period, the TI Materials shall be deemed approved by Sublandlord. Sublandlord shall not unreasonably withhold or condition its approval of the TI Materials; provided the TI Materials are approved by Prime Landlord. For the p urposes of this Sublease, the approved working drawings and specifications are referred to as the “Plans and Specifications,” the improvements shown thereon are referred to as the “Tenant Improvements,” and the approved general contractor is referred to as the “Contractor”. Before commencing any Tenant Improvements, Subtenant will deliver to Sublandlord certificates evidencing proof of insurance of the type required below, as well as copies of all necessary permits and licenses. Throughout the performance of the Tenant Improvements, Subtenant shall maintain in full force and effect builder’s “all risk” insurance and general liability insurance in amounts, types, and with carriers reasonably acceptable to Sublandlord, as well as workers’ compensation coverage as required by law. Such insurance policies shall name Prime Landlord, Sublandlord, and such additional parties as Sublandlord may reasonably request, provided such beneficiary designation is allowed unde r the Prime Lease, as additional insureds. In all events, Subtenant shall cause the Tenant Improvements to be constructed (a) promptly by the approved Contractor, (b) in a good and workmanlike manner, (c) in compliance with all applicable laws, ordinances, codes, permits, licenses and insurance requirements, (d) in full compliance with all of the reasonable rules and regulations applicable to third party contractors and suppliers performing work at the Building, (e) in compliance with any security requirements of Sublandlord or Prime Landlord, (f) subject to the approval of Sublandlord and Prime Landlord, (g) in compliance with the Prime Lease, and (h) entirely at Subtenant’s sole cost and expense. Sublandlord may oversee the construction of the Tenant Improvements. Immediately after completing the Tenant Improvements, Subtenant shall furnish Sublandlord with a certificate of occupancy, requisite Contractor affidavits, full and final lien waivers (sufficient under Texas law to extinguish all lien rights), and receipted bills covering all labor and materials expended and used in connection with the Tenant Improvements. Subtenant hereby releases and will indemnify, protect, defend (with counsel reasonably acceptable to Sublandlord), and hold harmless Sublandlord, Prime Landlord, and their respective agents and employees from and against any and all claims, damages, causes of action, liabilities, or expenses in any manner relating to or arising out of any work performed, materials furnished, or obligations incurred by or for Subtenant or any of their agents person or employeesentity claiming by, through, or under Subtenant, in connection with regard to matters covered by this Lease. Either Landlord or any Tenant may change its representative at any time by written notice to the otherImproveme nts.

Appears in 1 contract

Sources: Sublease Agreement (Healthaxis Inc)

Tenant Improvements. The tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises pursuant to approved plans and specifications. Subject to the terms of this Work Letter below, the Tenant Improvements may include additional doors and a loading area adjacent to the Buildings. Tenant shall employ its own architect and general contractor in constructing the Tenant Improvements. The general contractor shall be selected and engaged by ▇▇▇▇▇▇ on the basis of a competitive bid involving 3 general contractors mutually approved by Landlord shalland ▇▇▇▇▇▇ in writing. The work shall be undertaken and prosecuted in accordance with the following requirements: A. Concurrently with sign-off by Tenant, at Landlord’s sole costthe space plans, insure that construction drawings and specifications for all systemsimprovements and finishes, such as electrical, plumbing, and HVACtogether with any changes thereto, shall be in good operating condition upon the commencement of the Lease Term. submitted to Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks (with samples as required) for review and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage approval by ▇▇▇▇▇▇▇▇ Group Servicesand its architect for the Project. To the extent applicable, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment the build-out of the mold and mildew included in Tenant Improvements shall include Landlord’s Work (building standard tenant improvements, materials and specifications for the Project. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the extent of any remaining balance of the “Air Quality Assessment”). Landlord Contribution” as described below, Tenant shall, in addition to its other obligations herein, promptly fund the cost thereof to Landlord. B. All construction drawings prepared by ▇▇▇▇▇▇’s architect shall not perform follow Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationCAD standards, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) which standards shall be Tenant’s sole responsibility and costprovided to Tenant or its architect upon request. (a) C. Landlord hereby appoints shall, subject to the foregoing, approve or disapprove any submittal of plans or specifications by Tenant within 5 business days following receipt thereof by Landlord. ▇. ▇▇▇▇▇▇ shall use the electrical, mechanical, plumbing and fire/life safety engineers and subcontractors designated by Landlord. All other subcontractors shall be subject to Landlord’s reasonable approval, and Landlord may require that the drywall and acoustical ceiling contractors be union contractors. ▇. ▇▇▇▇▇▇ shall deliver to Landlord a copy of the final application for permit and issued permit for the construction work. ▇. ▇▇▇▇▇▇’s general contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and the obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. G. A construction schedule shall be provided to Landlord prior to commencement of the construction work, and weekly updates shall be supplied during the progress of the work. ▇. ▇▇▇▇▇▇ shall give Landlord 10 days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted. ▇. ▇▇▇▇▇▇ and its general contractor shall attend weekly job meetings with ▇▇▇▇▇▇▇▇’s construction manager for the Project. J. Upon completion of the work, Tenant shall cause to be provided to Landlord (i) as-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ built drawings of the Premises signed by ▇▇▇▇▇▇’s architect, (ii) CAD files of the improved space compatible with Landlord’s CAD standards, (iii) a final punchlist signed by ▇▇▇▇▇▇, (iv) final and unconditional lien waivers from all contractors and subcontractors, (v) a duly recorded Notice of Completion of the improvement work, and (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files compatible with Landlord’s standards as Tenant’s representative required herein, Landlord may cause its architect to act for prepare same and the cost thereof shall be reimbursed to Landlord by Tenant within 10 days of invoice therefor. K. The work shall be prosecuted at all times in accordance with all construction matters. All inquiriesstate, requestsfederal and local laws, instructionsregulations and ordinances, authorizations including without limitation all OSHA and other communications with respect safety laws. L. All of the provisions of this Lease shall apply to construction matters any activity of Tenant, its agents and contractors, in the Premises prior to the Commencement Date, except for the obligation of Tenant to pay rent. M. It is understood that the Tenant Improvements shall be related done during ▇▇▇▇▇▇’s occupancy of the Premises and, in this regard, ▇▇▇▇▇▇ agrees to assume any risk of injury, loss or damage which may result. Tenant further agrees that it shall be solely responsible for relocating its office equipment and furniture in the Premises in order for the foregoing Tenant Improvements to be completed in the Premises, that the Commencement Date of the Lease is not conditioned upon nor shall such Date be extended by the completion of the foregoing Tenant Improvements, and that no rental abatement shall result while the foregoing Tenant Improvements are completed in the Premises. ▇. ▇▇▇▇▇▇’s consultants, contractors, sub-contractors and vendors shall receive free parking during the design, construction of the tenant improvements, furniture installation and move-in. Tenant shall not be charged for: freight elevators, utilities or temporary HVAC (during normal business hours unless after hours’ work is requested by Landlord’s representative ) during design, construction, furniture installation or Tenant’s representativemove into the Buildings. Landlord shall not be liable in any way for any injury, as loss or damage which may occur to any work performed by ▇▇▇▇▇▇, nor shall Landlord be responsible for repairing any defective condition therein. In no event shall Tenant’s failure to complete the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Tenant Improvements extend the Commencement Date of the other partyLease. Landlord shall, including at Landlord’s sole cost and expense, prior to the other party’s architectsCommencement Date, engineersremove from the 15515 Building: (i) generator transfer switch, (ii) UPS 40 battery cabinet (which may remain if same is reasonably able to be disconnected from the generator transfer switch), (iii) all server room HVAC chilled water units and lines, (iv) six (6) abandoned HVAC split units, (v) all voice and data cabling on all floors, (vi) access control system and CCTV cameras (exterior and interior), and contractors or any of their agents or employees(vii) all AV equipment on all floors. Landlord shall, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to Landlord’s sole cost and expense construct a multi-tenant lobby in the other15525 Building, and all materials and finishes utilized in constructing same shall be Landlord's building standard.

Appears in 1 contract

Sources: Lease (Axonics, Inc.)

Tenant Improvements. All Tenant Improvements shall be performed by Landlord’s contractor (“Contractor”), at Tenant’s sole cost and expense (subject to Landlord’s obligations with respect to any portion of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms of the Lease, the Additional TI Allowance used by Landlord in completing the Tenant Improvements) and in substantial accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”) and Tenant agrees with Landlord’s projection and has been given opportunity to value engineer the project to a total that is at or below the TI Allowance, if desired, (provided that Tenant’s opportunity to value engineer the project shall end on January 6, 2012), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the Base TI Allowance (and, if properly requested by Tenant pursuant to the Lease, the Additional TI Allowance) payable by Landlord. If Tenant fails to pay, or is late in paying, any sum due to Landlord under this Work Letter, then Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of any litigation instituted with regard to such amounts the same shall be considered Rent. All material and equipment furnished by Landlord or its contractors as the Tenant Improvements shall be new or “like new,” and the Tenant Improvements shall be performed in a first-class, workmanlike manner. Landlord and Tenant shall use commercially reasonable efforts to cooperate with each other to enforce any and all warranties from the Contractor with respect to the Tenant Improvements. Landlord warrants that, as of Substantial Completion of the Tenant Improvements, the Tenant Improvements shall be in compliance with all Applicable Laws, and Landlord shall, at Landlord’s its sole cost, insure that all systems, such cost and expense and as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiriesremedy, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give correct any instructions or authorizations to, any other employee or agent breach of the other party, including the other party’s architects, engineers, and contractors or any such warranty promptly following receipt of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherthereof from Tenant.

Appears in 1 contract

Sources: Lease (aTYR PHARMA INC)

Tenant Improvements. Prior to the Lease Commencement Date, Landlord shall------------------- shall make the improvements to the Premises ("Tenant Improvements") described in the plans and specifications prepared by GHK, at Landlord’s sole costInc. dated August 15,2000 as amended September 22, insure that all systems2000 ("Plans and Specifications"), such Plans and Specifications being attached hereto as electrical, plumbing, Schedule B and HVAC, shall be made a part of this Lease ---------- and having been approved in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to writing by Landlord and Tenant. All fees materials shall be building-standard materials unless otherwise specified in Schedule B. Except ---------- as otherwise specifically provided in this Lease, Landlord shall not be responsible for performing or paying for the moving or installation of telephone and permits necessary computer systems, wiring or cabling, or the acquisition, moving or installation of Tenant's furnishings, fixtures and equipment in the Premises. Landlord agrees to bear the cost of the Tenant Improvements in an amount not to exceed Fifty-two Thousand Eight Hundred Four Dollars and Seventy Cents ($52,804.70) ("Tenant Allowance"), provided no modifications are made to the Plans and Specifications described herein. In the event Tenant shall request any modifications to the Plans and Specifications which increase the cost of completing the Tenant Improvements, Tenant covenants and agrees to pay to Landlord, as Additional Rent, all costs and expenses incurred by Landlord in excess of the Tenant Allowance, and to make such payment within thirty (30) days after receipt of an invoice for same from Landlord’s Work . Any excess of the Tenant Allowance over the total cost of constructing the Tenant Improvements shall belong solely to Landlord. Any other initial improvements to the Premises not shown on the Plans and Specifications are subject to Landlord's prior written approval and such improvements shall be performed by Landlord, and the cost thereof shall be paid by Tenant to Landlord within thirty (30) days following receipt of an invoice for same from Landlord. Any amounts payable by Tenant hereunder shall include Landlord's standard construction management fee computed on the total cost of construction, including but not limited to electricalthe cost of developing, mechanicalpreparing and modifying construction drawings. In the event this Lease shall terminate for any reason whatsoever prior to the end of the Term or this Lease is assigned, conveyed or transferred to another entity (except for any transfers which Landlord may permit under Section 25 hereof), Tenant shall be required to repay Landlord, upon demand, the unamortized amount of the Tenant Allowance and Broker's commission (if any) determined by multiplying the total amount of the Tenant Allowance and Broker's commission incurred by Landlord by a fraction, the numerator of which shall be the amount of the unexpired Term remaining in the Lease, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation the denominator of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) which shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent full Term of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Massachusetts Full Service Office Lease (Harbor Global Co LTD)

Tenant Improvements. Landlord Tenant shall, at Tenant's sole cost and expense, be permitted to make the following improvements, provided Tenant receives Landlord’s sole cost's prior written consent to such improvements: (i) Tenant may make substantial improvements to the building, insure that all systemsincluding, such as but not limited to, electrical, plumbingHVAC and security systems upgrades, changing the configuration of the office space in the front of the building, including the addition of walls and doorways, blocking off all windows, and such other changes as are necessary to allow the Tenant to use the Premises for the Uses set forth herein, or which the Tenant believes are prudent for the operations of the its business. Notwithstanding the foregoing, Tenant shall not make any alterations or improvements that compromise the structural integrity of the building. (ii) All work required in the construction of Tenant's facility, including, but not limited to, all, HVAC, electrical, and utility installation work, as well as actual construction work on the building and parking facility, shall be in good operating condition upon performed only by competent contractors licensed under the commencement laws of the Lease TermState of Colorado and shall be performed pursuant to written contracts with those contractors. All such contractors shall name the Landlord as an additional insured under the terms of the liability and casualty insurance policies. Tenant shall also be responsibleobtain, at Landlord’s costTenant's sole cost and expense, all required governmental permits, licenses, etc., in order to repair construct and operate Tenant's facility. Tenant shall install, at Tenant's sole cost and expense, all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and required improvements for Tenant's facility. All fees and permits necessary for Landlord’s Work (including but not limited to electricalwork shall be performed in accordance with all applicable laws, mechanicalordinances, regulations, requirements, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation orders of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costall governmental agencies having jurisdiction over the Premises. (aiii) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act Tenant shall post the Premises with the statutorily prescribed notice that all improvements are being done for Landlord in all construction mattersthe benefit of and at the request of the Tenant and that no mechanic's and/or other liens may be placed against the Premises. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative shall indemnify and hold harmless the Landlord from any mechanics' liens being placed against the Premises and shall immediately and forthwith cause any such liens to act for Tenant be released of record by either paying the lien amount and/or providing a court approved surety bond in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect an amount sufficient to construction matters shall cause the mechanic's lien(s) to be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent released of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherrecord.

Appears in 1 contract

Sources: Lease Agreement (MJ Holdings, Inc.)

Tenant Improvements. Landlord Tenant shall, prior to the Commencement Date, at Landlord’s Tenant's sole cost, insure that all systemsand expense, such as electricalimprove, plumbingfixture, equip, stock and HVAC, shall be in good operating condition upon decorate the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Premises (“LandlordTenant’s Work”). Landlord shall engage ) to the end that the Premises and ▇▇▇▇▇▇▇ Group Services's business therein will be comparable to ▇▇▇▇▇▇’s other locations. Notwithstanding the foregoing, or a similar company Tenant shall be obligated to submit its construction plans to Landlord pursuant to the time frame and guidelines set forth in Section 29.1 and in Exhibit B attached hereto. Tenant acknowledges and agrees that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord Tenant shall not perform Landlordany construction staging or place any materials related to Tenant’s Work until in any of the Air Quality Assessment has been performed Common Areas of the Shopping Center. With respect to ▇▇▇▇▇▇’s initial construction of the Premises and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation any of Tenant’s equipmentWork, furniture Tenant shall keep the Common Areas clean and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, free of any and fire and life safety equipment) shall be all trash and/or construction debris resulting from Tenant’s sole responsibility and cost. (a) Landlord hereby appoints Work. Further, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlordacknowledges and agrees that Tenant (i) shall remain solely responsible for removing from the Shopping Center any and all trash and/or construction debris generated by Tenant’s representative Work on a daily basis, and (ii) shall not provide or utilize any dumpster or other trash receptacle located in any of the Common Areas for disposal of any items related to act for Tenant’s Work. If Tenant fails to comply with the terms of the immediately preceding sentence, then, in addition to any and all other equitable and legal remedies which Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇may have, ▇▇▇▇▇▇ agrees to pay to Landlord, as Tenant’s representative Additional Rent, a sum equal to act One Hundred and No/100 Dollars ($100.00) per day for Tenant in all construction matterseach day it fails to comply with such requirements. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters This amount shall be related payable to Landlord’s representative Landlord within ten (10) days after written demand. In the event that Tenant or Tenant’s representativecontractors, as the case employees, or agents cause either directly or indirectly any damage (such damage may be. Neither party will [ILLEGIBLE] , by way of example and will not give any instructions limitation, damage to asphalt, curbs, gutters, roofs, or authorizations to, parapet) to the Common Areas and/or any other employee tenant building or agent premises, Tenant shall pay, within ten (10) days of receipt of written notice from Landlord, all sums required by Landlord to correct and repair such damage. If Tenant fails to pay any such sums within said ten (10) day period, Tenant shall be in default pursuant to Section 19.0 herein. Within ten (10) days after completion of Tenant’s Work, ▇▇▇▇▇▇ shall obtain an affidavit and final and unconditional lien waiver in a form prescribed by Landlord (the other party, including the other party’s architects, engineers, “Affidavit and contractors or Waiver”) from each and every contractor and/or subcontractor who has performed any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to Tenant’s Work in and around the otherPremises.

Appears in 1 contract

Sources: Lease Agreement

Tenant Improvements. a. Landlord shallacknowledges that Tenant desires to have certain permanent improvements (the “Tenant Improvements”) made to the Premises to accommodate Tenant’s intended use thereof. Accordingly, at Tenant shall cause a qualified architect or other design professional selected by Tenant and reasonably acceptable to Landlord (the “Architect”) to prepare plans, including a full set of construction drawings (the “Plans”) for the Tenant Improvements. The Plans shall be delivered to Landlord for Landlord’s sole review and approval. Landlord shall not unreasonably withhold or delay its approval of the Plans. Upon Landlord’s approval of the Plans, Landlord shall cause the Plans to be approved by the City. No changes shall be made to the approved Plans without the prior written approval of both Landlord (which shall not be unreasonably withheld) and Tenant. Upon approval of the Plans by the City, Tenant shall hire ▇▇▇▇ Management LLC for the construction of the Tenant Improvements (the “General Contractor”). All subcontractors shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld or delayed, taking into consideration the financial condition, experience, reputation and capabilities of said contractors. The Tenant Improvements shall be constructed in accordance with the approved Plans, in a good and workmanlike manner using only new and first- grade materials and in compliance with all applicable governmental laws, ordinances, rules and regulations. No Tenant Improvements shall be constructed that would affect the plumbing, wiring, life/safety or mechanical systems of the Building without first obtaining Landlord’s approval and complying with Landlord’s reasonable requirements related thereto. b. Tenant shall be responsible for constructing the Tenant Improvements and shall contract directly with and pay the General Contractor. In the construction of said Tenant Improvements, Tenant and its General Contractor and their respective contractors, subcontractors, agents and employees shall comply with the provisions of Schedule 1 attached hereto and incorporated herein (said provisions are hereinafter collectively referred to as the “Construction Requirements”). Landlord and Tenant have agreed that the costs of the Tenant Improvements shall be paid by Tenant including all costs relating to the design and construction of the Tenant Improvements (including the cost of preparing the Plans, demolition and building permit cost) (collectively, insure the “Construction Costs”). c. Except with respect to materially stained ceiling tiles which Landlord shall replace prior to the Commencement Date, it is acknowledged and agreed by Tenant that all systemsTenant accepts the Premises and the mechanical and utility systems serving the Premises in their current “as is” condition with Landlord having no obligation under the Lease to make changes in or otherwise modify the Building or any of the HVAC, such as electrical, plumbing, and HVAC, life/safety or other mechanical or utility systems serving the Premises in order to accommodate Tenant’s use of the Premises during the Term of the Lease. Any such changes or modifications shall be made as part of the Tenant Improvements and must be shown in good operating the Plans and the costs of any such changes or modifications shall be Construction Costs payable by Tenant in accordance with the provisions of Article 45b above. In its design of the Tenant Improvements, the Architect shall take into account (i) such “as is” condition upon of the commencement Premises and the mechanical and utility systems serving the Premises and (ii) the type of Equipment (as defined in Article 11 of the Lease TermForm) Tenant will be using in the Premises and the propensity of such Equipment to be noisy or vibrate. Landlord The design of the Tenant Improvements and the placement and/or installation of the Equipment in the Premises by Tenant shall also be responsibleaccount for the load bearing capacity of the floors of the Premises. d. Prior to commencement of construction and at all times during construction of the Tenant Improvements, Tenant shall conspicuously post (within the Premises, at Landlordthe main entrances to the Premises, as well as other places of ingress or egress) notices of non-responsibility (not less than 2’ X 2’) identical to Schedule 2 attached hereto. e. Simultaneously with Tenant’s costexecution and delivery of this Lease, Tenant shall deliver to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Landlord the amount of $240,000.00, which the parties have estimated is one hundred ten percent (110%) of the total Construction Costs (the Landlord’s WorkDeposit”). Landlord shall engage On or before ▇▇▇▇▇ ▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment Tenant shall adjust the amount of the mold Deposit based upon the estimated Construction Costs as of such date and, if 110% of the estimated Construction Costs exceed the amount of the Deposit, Tenant shall deposit the excess amount with Landlord on or before March 16, 2012 (and mildew included such excess amount shall be a part of the Deposit), and if 110% of the estimated Construction Costs are less than the amount of the Deposit, Landlord shall return such excess amount to Tenant on or before March 16, 2012. No interest shall accrue on the Deposit. Tenant hereby grants Landlord a security interest in Landlordthe Deposit to secure Tenant’s Work (the “Air Quality Assessment”)obligations to Landlord under this Article 45. Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed may use such Deposit to pay Construction Costs as and suggested remediation, when payable if any, has been delivered Tenant fails to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation pay such Constructions Costs or if there is any other Event of Default as a result of Tenant’s equipment, furniture failure to comply with the terms and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be conditions of this Article 45. So long as there is no Event of Default as a result of Tenant’s sole responsibility failure to comply with the terms and cost. (a) conditions of this Article 45, Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative shall return the Deposit to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as upon the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent completion of the other party, including construction of the other party’s architects, engineers, Tenant Improvements and contractors or any satisfaction of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherrequirements set forth in paragraph D of Schedule 1 attached hereto.

Appears in 1 contract

Sources: Commercial Lease (Entellus Medical Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ shall, in a good and workmanlike manner, construct certain improvements (the “Tenant Improvements”) to the Expansion Premises in accordance with the construction plan attached hereto as Exhibit “C” and the construction standards attached hereto as Exhibit “C-1” hereof (collectively, the “Tenant’s Plans”), reserving the right to: (a) make substitutions of material of equivalent grade and quality when and if any specified material shall not be readily and reasonably available; and (b) make changes necessitated by conditions met during the course of construction, provided that Tenant’s approval of any substantial change (and any reduction of cost incident thereto) shall first be obtained (which approval shall not be unreasonably withheld). (b) All changes in the Tenant’s Plans shall be subject to the approval of Landlord. If Landlord approves any change in the Tenant’s Plans, Landlord shall construct the Tenant Improvements in accordance with such change, and Tenant shall pay any increase in the cost of constructing the Tenant Improvements resulting from such change. Any delay in the date of Substantial Completion (as hereinafter defined) by reason of any change in the Tenant’s Plans shall be deemed a Tenant Construction Delay under subparagraph (d) of this Section. (c) Upon Substantial Completion of the Tenant Improvements except for items described in subparagraph (d)(i) below, Landlord shall notify Tenant, and Tenant shall inspect the Expansion Premises with Landlord within three (3) business days after Tenant’s receipt of Landlord’s representative notice. Upon completion of the inspection to act the reasonable satisfaction of Tenant in accordance with Exhibits “C” and “C-1”, it shall be presumed that all work theretofore performed by or on behalf of Landlord was satisfactorily performed in accordance with, and meeting the requirements of this Lease. The foregoing presumption shall not apply, however: (i) to required work not actually completed by Landlord, which Landlord agrees it shall complete with reasonable speed and diligence and which is identified at the time of the inspection on a list prepared by the construction representatives of Landlord and Tenant, or (ii) to latent defects in such work which could not reasonably have been discovered at the time of the inspection; provided Tenant notifies Landlord of such defects within ninety (90) days from the date of the inspection. Landlord will correct any defects or deficiencies of which it is notified within the required period with reasonable speed and diligence. (d) The Tenant Improvements shall be deemed to be “Substantially Completed” when the following have occurred: (i) The work shown on the Tenant’s Plans has been completed except for the following: a. Any improvements or work to be performed by Tenant; and b. Minor punch-list items or insubstantial details of construction, mechanical adjustments, or finishing touches like plastering or painting, which items shall not adversely affect Tenant’s conduct of its ordinary business activities in the Expansion Premises; and c. Items not then completed because of: 1. failure by Tenant to promptly make changes in the Tenant’s Plans reasonably required by Landlord in all construction mattersconnection with the approval thereof; or 2. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as changes in the Tenant’s representative to act for Plans requested by Tenant; or 3. the performance of any work or activity in the Expansion Premises by Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their its employees, agents or employeescontractors. (each of the items listed in 1-3 above, shall be referred to as “Tenant Construction Delay”) (ii) If required under the applicable code or ordinance of the municipality in which the Building is located, the municipality has approved the work completed as part of the Tenant Improvements, or would have approved the same but for a delay as described in subparagraph (d) above. (e) The date determined in accordance with regard subparagraph (d) is herein called the date of “Substantial Completion”. In the event of any delay as described in subparagraph (d) above, Tenant acknowledges that the Commencement Date and Tenant’s obligations to matters covered by this Lease. Either Landlord or pay rent hereunder may begin before the Tenant may change its representative at any time by written notice to the otherImprovements have been completed.

Appears in 1 contract

Sources: Lease (Optium Corp)

Tenant Improvements. Tenant agrees that it currently occupies, and shall continue to occupy, the Revised Complete Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Landlord shall, at Landlord’s sole costsubject to the terms herein, insure that all systemssupervise the construction and installation of the initial improvements in the 2006 Expansion Space (the 2006 Improvements") in accordance with Tenants plans and specifications for the design, construction, and installation of the 2006 Improvements (the "Plans"), as such plans have been reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the 2006 Improvements in accordance with said Plans and in a good and workmanlike manner, such substantial completion to be certified by Landlords engineer. Landlord shall contribute up to a maximum of Seventeen and No/100 Dollars ($17.00) per rentable square foot of the 2006 Expansion Space (the 2006 Expansion Allowance toward only the following costs: (i) any cost of installing the 2006 Improvements on an "as electricalcompleted" basis which is performed in accordance with the Plans and related to the work to be done for the purpose of preparing the 2006 Expansion Space for Tenants occupancy and use, plumbing(ii) the cost of preparing the Plans, (iii) design costs for architectural, mechanical, plumbing and electrical design, (iv) construction documents and permits, and HVAC(v) a construction management fee equal to four percent (4%) of the total cost of constructing the 2006 Improvements to be paid to Landlord; provided, however, in no event shall the 2006 Expansion Allowance be used for any costs associated with Tenant's personal property, equipment, trade fixtures or other items of a non-permanent nature installed in good operating condition upon the 2006 Expansion Space, including without limitation, telephone and data cable lines. In the event that either prior to the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment installation of the mold 2006 Inprovements or at any time during or following the installation of the 2006 Improvements, the cost of the 2006 Improvements exceeds the 2006 Expansion Allowance or Tenant requests any change to the aforementioned Plans which has resulted or might result in an increase in the cost of the installation of such 2006 Improvements so that the cost exceeds the 2006 Expansion Allowance, then Tenant shall be exclusively responsible for the payment of such amount and mildew included shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in Landlord’s Work (an increase in the “Air Quality Assessment”). Landlord cost of the construction and installation of the 2006 Improvements shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered be agreed to in advance by Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any increase in the cost of the construction and life safety equipment) will be at Landlord’s expenseinstallation of the Tenant Improvements. Any fees and permits necessary for Tenant’s installation savings or unused portion of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) the 2006 Expansion Allowance after the 2006 Improvements are completed shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative made available to act Tenant for Landlord in all construction mattersadditional permanent improvements to the Revised Complete Premises. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all acknowledges that Landlord may be supervising the construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including 2006 Improvements while Tenant occupies the other party’s architects, engineers, 2006 Revised Premises and contractors or Landlord agrees that it shall use reasonable efforts to minimize any of their agents or employees, interference with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to Tenants business operations within the other2006 Revised Premises while constructing such improvements.

Appears in 1 contract

Sources: Lease (Cross Country Healthcare Inc)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (subject to Landlord’s obligations with respect to any portion of the TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant’s pari passu share of the costs of the Tenant Improvements shall increase accordingly. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant, Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s Rent obligations (any such credit, the “Excess TI Costs Overage Credit”), beginning after Landlord has completed the final accounting for the Tenant Improvements; provided, however, that in no event shall such credit exceed an amount equal to the difference between (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for the amount of the available TI Allowance (i.e., $600,000) and (b) the amount of the TI Allowance actually paid by Landlord in all construction mattersconnection with the Tenant Improvements. If Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative fails to act for Tenant pay, or is late in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations topaying, any other employee or agent sum due under this Work Letter, then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 18 of the Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 18 of the Lease, the terms of this Work Letter shall govern.

Appears in 1 contract

Sources: Lease (Ardelyx, Inc.)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as reasonably projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Tenant commences the Tenant Improvements. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s Rent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements (which final accounting shall be related to completed within thirty (30) days following the completion of the Tenant Improvements). If the cost of the Tenant Improvements (as reasonably projected by Landlord) increases over Landlord’s representative initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations tois late in paying, any other employee or agent sum due to Landlord under this Work Letter (and Tenant fails to cure such non-payment within three (3) business days after notice from Landlord), then Landlord shall have all of the other party, rights and remedies set forth in the Lease for nonpayment of Rent (including the other party’s architects, engineersright to interest and the right to assess a late charge), and contractors or for purposes of any of their agents or employees, litigation instituted with regard to matters covered such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 17 of the Lease, the terms of this Work Letter shall govern.

Appears in 1 contract

Sources: Lease (Protagonist Therapeutics, Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks The tenant improvement work (“Tenant Improvements”) shall consist of any work, except for the Landlord’s Work”), required by Tenant to complete the Premises so that it is suitable for the Tenant’s use pursuant to approved plans and specifications. Landlord Tenant shall engage employ its own architect and general contractor in constructing the Tenant Improvements; it being understood that ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment ’s preferred architect shall be one of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints following: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ArcTec or CAS Architects. Tenant shall engage a reputable and licensed contractor selected by Tenant and reasonably approved by Landlord to construct the Tenant Improvements pursuant to the approved plans, specifications and drawings. Tenant shall provide to Landlord, no later than 45 days following the full and final execution of this Lease, the name(s) of Tenant’s preferred contractor(s). The work shall be undertaken and prosecuted in accordance with the following requirements: A. As soon as such items become available following the full execution of the Lease, construction drawings and specifications for all improvements and finishes, together with any changes thereto, shall be submitted to Landlord (with samples as appropriate) for review and approval by Landlord and its architect for the Project. Unless otherwise specified in the space plans, construction drawings and specifications, to the extent applicable, the build-▇▇▇▇ as out of the Tenant Improvements shall include Landlord’s representative building standard tenant improvements, materials and specifications for the Project. Should Tenant require and Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to act the extent of any remaining balance of the “Landlord Contribution” as described below, Tenant shall, in addition to its other obligations herein, promptly pay the actual cost thereof to Landlord, provided that the scope and costs of such work has been approved by Tenant prior to the start of construction thereof. Landlord hereby consents to and approves the Tenant’s preliminary space plan attached to the Lease as Schedule 2 to Exhibit X (the “Space Plan”). B. Intentionally deleted. C. Landlord shall, subject to the foregoing, approve or disapprove any submittal of plans or specifications by Tenant within 5 business days following receipt thereof by Landlord. D. Tenant shall use engineers and subcontractors designated by Tenant and reasonably acceptable to Landlord that do not vitiate or void any of Landlord’s warranties or guarantees for the Building. E. Tenant shall deliver to Landlord in a copy of the final application for permit and issued permit for the construction work. F. Tenant’s general contractor and each of its subcontractors shall comply with Landlord’s reasonable requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and the obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. G. A projected construction matters. schedule shall be provided to Landlord prior to commencement of the construction work, and regular updates shall be supplied during the progress of the work. H. Tenant hereby appoints ▇▇▇ shall give Landlord 10 days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted. I. Tenant and its general contractor shall attend regular job meetings with ▇▇▇▇▇▇▇▇’s construction manager for the Project. J. Upon completion of the work, Tenant shall cause to be provided to Landlord, to the extent applicable, (i) as­ built drawings of the Premises signed by ▇▇▇▇▇▇’s architect, (ii) CAD files of the improved space, (iii) a final punch list signed by ▇▇▇▇▇▇, (iv) final and unconditional lien waivers from all contractors and subcontractors, (v) a duly recorded Notice of Completion of the improvement work, and (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files as required herein, Landlord may cause its architect to prepare same and the cost thereof shall be reimbursed to Landlord by Tenant within 30 days of invoice therefor. K. The work shall be prosecuted at all times in accordance with all state, federal and local laws, regulations and ordinances, including without limitation all OSHA and other safety laws. L. All of the provisions of this Lease shall apply to any activity of Tenant, its agents and contractors, in the Premises prior to the Commencement Date, except for the obligation of Tenant to pay rent. M. It is understood that the Tenant Improvements shall be done during ▇▇▇▇▇▇’s occupancy of the Premises and, in this regard, ▇▇▇▇▇as agrees to assume any risk of injury, loss or damage which may result from ▇▇▇▇▇▇’s performance of its work on the Tenant Improvements. Tenant further agrees that it shall be solely responsible for relocating its office equipment and furniture in the Premises in order for the foregoing Tenant Improvements to be completed in the Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur due to any work performed by ▇▇▇▇▇▇, nor shall Landlord be responsible for repairing any defective condition therein, except for Landlord’s Warranty. In no event shall Tenant’s representative failure to act for complete the Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as Improvements extend the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Commencement Date of the other partyLease, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard subject to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherCommencement Date Delays (defined below).

Appears in 1 contract

Sources: Consent to Subletting (Knightscope, Inc.)

Tenant Improvements. (a) Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall provide Tenant with a tenant improvement allowance of Six Hundred Fifty-Six Thousand Four Hundred Fifteen Dollars ($656,415.00) (the "Tenant Improvement Allowance"). The Tenant Improvement Allowance shall be in good operating condition upon applied toward construction, engineering, professional, telecommunication, design, project management, plan review, permits, architecture, voice and data cabling and other costs and expenses associated with the commencement of Tenant Improvements (as hereinafter defined) to the Lease TermPremises. Landlord shall also be responsibleresponsible for the payment of all costs and expense associated with improvements to the Premises up to the Tenant Improvement Allowance, at whether such improvements are performed by Landlord’s cost, Duke Construction Limited Partnership, any other subsidiary or affiliate of Landlord. Any cost or expense incurred by Landlord and approved by Tenant in connection with the Tenant improvements to repair the Premises in excess of the Tenant Improvement Allowance (the "Excess") shall be borne by Tenant and shall be paid by Tenant to Landlord within thirty (30) days of Tenant's receipt of an invoice from Landlord providing sufficient detail and documentation for such costs and expenses. Failure by Tenant to pay any portion of the Excess as aforesaid is an event of default hereunder. (b) Following the date of this Amendment, Tenant will work with a space planner to develop a space plan for the Premises that is reasonably acceptable to Landlord (the "Space Plan"). Within thirty (30) days after Landlord's receipt of the Space Plan, Tenant shall prepare and submit to Landlord a set of plans and specifications and/or construction drawings (the "Plans and Specifications") prepared by an architect reasonably acceptable to Landlord covering all existing roof leaks and remove existing mold or mildew resulting from such leaks work to be performed by Landlord in constructing the leasehold improvements to the Premises in accordance with the Space Plan (“Landlord’s Work”the "Tenant Improvements"). Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesparticipate in the design meetings with Tenant's architect to maintain Landlord's building standards and to provide preconstruction cost estimating. Landlord shall have ten (10) days after receipt of the Plans and Specifications in which to review the Plans and Specifications and to give Tenant written notice of Landlord's approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any leasehold improvements or any changes to the Plans and Specifications that would materially alter the Premises, the exterior appearance or basic nature of the Building, or a similar company that provides occupational health, safety the Building systems. If Landlord fails to approve or request changes to the Plans and environmental risk information to perform an environmental assessment Specifications within ten (10) days after its receipt of the mold Plans and mildew Specifications, then Landlord shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Landlord requests any changes to the Plans and Specifications, Tenant shall make those changes which are reasonably requested by Landlord and shall within ten (10) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Landlord. Landlord may not thereafter disapprove the revised portions of the Plans and Specifications unless Tenant has unreasonably failed to incorporate reasonable comments of Landlord and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Landlord. Landlord shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Landlord agrees to confirm Landlord's consent to the Plans and Specifications in writing within three (3) business days following Tenant's written request therefor. (c) Following Landlord's approval (or deemed approval) of the Plans and Specifications, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord shall provide Tenant with Landlord's form for prequalifying subcontractors, attached hereto as Exhibit A and incorporated herein, and its current list of approved subcontractors for each major trade, attached hereto as Exhibit B and incorporated herein. Tenant shall have the right to provide Landlord with a proposed subcontractor for each major trade which may or may not be on Landlord's approved list, and provided such subcontractor meets with Landlord's reasonable approval, such subcontractor shall have the right to enter a bid. Upon Tenant's request, Landlord shall also obtain a description of the base warranty and any extended warranty terms relating to any equipment, machinery, trade fixtures or other personal property to be installed in connection with the Tenant Improvements. Landlord and Tenant shall review the bids and warranties, if applicable, jointly and Tenant shall select one subcontractor for each item bid. Promptly following the selection of a subcontractor for each major trade, Landlord shall deliver to Tenant a statement of the cost to construct and install all of the Tenant Improvements (the "Cost Statement"). Tenant acknowledges and agrees that (i) the cost to construct and install the Tenant Improvements shall include a six percent (6%) fee plus (A) Landlord's actual overhead expenses associated with the Tenant Improvements that includes preconstruction and project management, administrative support, telephones, utilities, etc., and (B) Landlord's actual costs of general conditions associated with the Tenant Improvements that include, but are not limited to, permits, onsite supervision, temporary utilities, temporary facilities and project cleanup, (such overhead and general conditions shall not exceed eight percent (8%) of the total construction costs for the Tenant Improvements), and (ii) said fee, overhead and general conditions shall be included in the Cost Statement and applied against the Tenant Improvement Allowance (as hereinafter defined). Tenant agrees to acknowledge the Cost Statement in writing within five (5) business days following Landlord’s Work 's written request therefor. (d) Landlord shall provide Tenant with a proposed schedule for the “Air Quality Assessment”construction and installation of the Tenant Improvements that is reasonably acceptable to Tenant and shall perform the construction in accordance with such schedule and the Plans and Specifications, subject to extensions for Force Majeure Delays and Tenant Delays (as hereinafter defined). Landlord shall notify Tenant of any material changes to said schedule as a result of such Force Majeure Delays and Tenant Delays. In the event the Tenant Improvements are not perform Landlord’s Work Substantially Completed (as hereafter defined) in accordance with the schedule as extended by Force Majeure Delays and Tenant Delays, Tenant shall receive one day of rent abatement for each day of delay until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered Tenant Improvements are Substantially Completed. Tenant agrees to coordinate with Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s regarding the installation of Tenant’s equipment's phone and data wiring and any other trade related fixtures that will need to be installed in the Premises prior to Substantial Completion. In addition, furniture if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Premises for fifteen (15) days prior to the anticipated date for Substantial Completion (as such date may be modified from time to time) in order to install fixtures and otherwise prepare the Premises for occupancy. During any entry prior to the Substantial Completion of the Tenant Improvements (including but i) Tenant shall not limited to electrical, mechanical, crane, racking, emissions, effluentinterfere with Landlord's completion of the Tenant Improvements, and fire (ii) Tenant shall cause its personnel and life safety equipment) shall be Tenant’s sole responsibility contractors to comply with the terms and costconditions of Landlord's rules of conduct (which Landlord agrees to furnish to Tenant upon request). (ae) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative Tenant shall have the right to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative request changes to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations the Plans and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative Specifications at any time by way of written notice change order (each, a "Change Order", and collectively, "Change Orders"). Provided such Change Order is reasonably acceptable to Landlord, Landlord shall prepare and submit promptly to Tenant a memorandum setting forth the impact on cost and schedule resulting from said Change Order (the "Change Order Memorandum of Agreement"). Tenant shall, within five (5) business days following Tenant's receipt of the Change Order Memorandum of Agreement, either (i) execute and return the Change Order Memorandum of Agreement to Landlord, in which case the Cost Statement shall be deemed modified automatically to take into account said Change Order, (ii) retract its request for the Change Order, or (iii) amend its proposed Change Order, in which case Landlord shall prepare a new Change Order Memorandum of Agreement and Tenant shall respond as provided herein. (f) For purposes of this Amendment "Substantial Completion" (or any grammatical variation thereof) shall mean completion of construction of the Tenant Improvements, subject only to punchlist items to be identified by Landlord and Tenant in a joint inspection of the Premises prior to Tenant's occupancy, the completion of which will not materially affect Tenant's use and occupancy of, or ability to obtain an occupancy permit for the Premises which completion and punchlist items shall be evidenced by a writing signed by Tenant and Landlord (Tenant acknowledging, however, that even if Landlord has Substantially Completed the Tenant Improvements, Landlord may not be able to obtain an occupancy permit for the Premises because of the need for completion of all or a portion of improvements being installed in the Premises directly by Tenant). "Tenant Delay" shall mean any delay in the completion of the Tenant Improvements to the otherextent attributable to Tenant, including, without limitation, (i) Tenant's failure to meet any time deadlines specified herein, (ii) the performance of any other work in the Premises by any person, firm or corporation employed by or on behalf of Tenant, or any failure to complete or delay in completion of such work, and (iii) any other act or omission of Tenant. "Force Majeure Delay" shall mean any delay in the performance of any obligation by a party hereunder when such delay is occasioned by causes beyond its control due to act of God, adverse weather, fire, earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, sabotage, vandalism, failure of transportation, strikes, lockouts, litigation, condemnation, requisition, governmental restrictions including inability or delay in obtaining governmental consents, inspections or permits, laws or orders of governmental, civil, military or naval authorities, or any other cause outside the party's control, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Sources: Lease Amendment (Pharmaceutical Product Development Inc)

Tenant Improvements. A. Landlord shallshall install the tenant improvements in a good and workmanlike manner, at set forth in both the Tenant Improvement Specifications attached hereto as EXHIBIT C-1 and the floor plan attached hereto as EXHIBIT C-2. Tenant shall reimburse Landlord for a portion of the cost of Landlord’s sole cost's tenant improvements, insure that all systemsshown on EXHIBIT C-I and EXHIBIT C-2. Specifically, such Tenant shall pay to Landlord, as electricaladditional rent, plumbingwithin thirty (30) days after substantial completion of Landlord's tenant improvements, and HVACthe sum of Thirty-eight Thousand Five Hundred Thirty-four Dollars ($38,534.00). Additionally, any additions to or modifications of the work and/or materials shown on the attached exhibits which result in additional costs shall be handled as change orders and paid for by Tenant within twenty (20) days after delivery to Tenant of a reasonably detailed invoice therefore. B. Notwithstanding the date specified in good operating condition upon Paragraph l.B. above for the commencement of the Lease Term. Landlord term of this Lease, such term shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment not commence until the substantial completion of the mold construction of all tenant improvements as specified above and mildew included Landlord has given notification to Tenant in writing that the Premises are ready for possession. Possession of the Premises shall be deemed delivered to Tenant at the date specified in such notification, notwithstanding any item of incomplete work set forth on a "punch list" prepared by Landlord and Tenant in writing at the time of or within forty-five (45) days after the Commencement Date. Tenant shall have the right to enter the Premises at least thirty (30) days prior to the Commencement Date for the purpose of installing Tenant's equipment, fixtures and furnishings, provided, however, that Tenant first notifies Landlord prior to such entries and receives Landlord’s Work ('s consent, which shall not be unreasonably withheld, conditioned or delayed and that Tenant does not, under any circumstances, interfere with or delay the “Air Quality Assessment”)completion of the tenant improvements being installed by Landlord. No rent shall be due to Landlord on account of such activities of Tenant. Landlord shall not perform be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the date specified in Paragraph l.B. above, and Landlord’s Work until 's non-delivery of the Air Quality Assessment has been performed Premises shall not affect this Lease or the obligations of Tenant under this Lease. In such event, the term of this Lease shall be extended for a period equal to the delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the term of this Lease on the last day of a month and suggested remediationrent at the applicable rate, shall be payable for such additional portion of the month. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, at the request of either, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date and Termination Date of this Lease. In all events (but subject to the provisions of Paragraph 2.D., below), if anyLandlord fails, has been delivered despite the exercise of its commercially reasonable efforts to substantially complete the tenant improvements, or for any other reason fails to deliver the Premises to Tenant by October 31, 1999, then the Tenant, as its sole and exclusive remedy, shall have the right to elect either to (i) terminate this Lease, by giving written notice to Landlord no later than November 15, 1999, and Tenantif Tenant does so terminate this Lease, Landlord shall promptly refund to Tenant any security deposit and any pre-paid rent then being held by Landlord and neither Landlord nor Tenant shall have any further liability to the other in connection with this Lease (except with respect to obligations or liabilities which accrued prior to the date of such termination or which relate to surrender of the Premises), or (ii) to file suit for specific performance of Landlord's obligations under this Lease (provided, however, Tenant shall not be entitled to claim or recover any monetary damages against Landlord). C. If Tenant occupies or enters the Premises prior to the Commencement Date, such occupancy or entry shall not advance the Termination Date of this Lease. All fees of the terms, covenants and permits provisions of this Lease shall apply from the date of occupancy and possession or entry and the rent shall be paid at the rate herein set forth on a pro rata basis for the early occupancy period, provided, however, Tenant shall not be required to pay rent if Tenant, or its agents, contractors or employees, merely enters the premises for the limited purposes described in Paragraph 2.13. above. D. If Landlord is delayed in substantially completing tenant improvements as a result of any of the following, then commencement of the term of this Lease and the Termination Date of this Lease shall be as stated in Paragraph 1.B. above; and, Tenant shall not be relieved of its obligations to pay rent as prescribed in Paragraph 3 below: (1) Tenant's failure to approve or "approved as noted" detailed working drawings or other drawings, plans or specifications within five (5) business days after submission by Landlord. (2) The performance by any person, firm or corporation (other than Landlord's contractor) employed at Tenant's request and the completion of work by said person, firm or corporation; (3) Delay in delivery of materials, finishes, or installations requested by Tenant other than materials, finishes and installation used as Building Standard items by Landlord's contractors in the Improvements; and (4) Any other delay (including, without limitation, delay in providing necessary for Landlord’s Work (including approvals or disapprovals required of Tenant) caused primarily by the action or inaction of Tenant or its employees, agents, contractors or invitees. E. Tenant's occupancy of the Premises shall constitute acceptance thereof and shall be deemed to constitute Tenant's agreement that the Premises comply with all requirements of Tenant and all obligations of Landlord with respect to the condition, order and repair thereof, including, but not limited to, the tenant improvements required to electricalbe made by Landlord, mechanicalpursuant to this Paragraph 2 or elsewhere in this Lease, except for those matters of which Tenant notifies Landlord in writing within forty-five (45) days after the Commencement Date, and fire except for latent defects which were not manifest within such forty-five (45) day period and life safety equipment) will be at which could not have been ascertained by Tenant by a reasonably thorough inspection of Landlord’s expense's tenant improvements. Any fees and permits necessary for Tenant’s installation Tenant shall have no right whatsoever to raise any objection with respect to the condition of Tenant’s equipmentthe Premises, furniture and fixtures (including including, but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other partyLandlord's tenant improvements, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by unless set forth in such a written notice to the othertimely given.

Appears in 1 contract

Sources: Lease Agreement (Earthshell Corp)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, 2.1 Tenant shall be in good operating condition upon have the commencement right to make improvements to the interior of the Lease Term. Landlord shall also be responsiblePremises (the “Interior Tenant Improvements”; the Exterior Improvement Work and the Interior Tenant Improvements are referred to herein, at Landlord’s costcollectively, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (as the Landlord’s WorkTenant Improvements”). Landlord Tenant shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety make the Interior Tenant Improvements at Tenant's sole cost and environmental risk information expense (subject to perform an environmental assessment application of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”Interior Tenant Improvement Allowance set forth below). Landlord All Tenant Improvements (including the plans and specifications for the Tenant Improvements) and any contractors and architects performing work in connection with the Tenant Improvements shall be subject to the consent of Landlord, which consent shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationbe unreasonably withheld, if anydelayed or conditioned; provided, has been delivered to that, Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation hereby approves of Tenant’s equipment's use of the following contractors and architects: HBC (as a general contractor), furniture Interior Architects Los Angeles (as an interior architect) and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇+ Associates (as Landlord’s representative an architect for landscaping). Any Interior Tenant Improvements (except trade fixtures) and any Exterior Improvement Work shall at once become a part of the Premises or Project, as applicable, and shall be surrendered to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction mattersupon the expiration or sooner termination of this Lease. All inquiries, requests, instructions, authorizations and other communications work with respect to construction matters the Tenant Improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Premises shall at all times be related a complete unit except during the period of work. 2.2 Landlord grants to Landlord’s representative or Tenant’s representativeTenant (a) a one-time Interior Tenant Improvement Allowance in the amount set forth in Section E(5) of the Basic Provisions of the Lease for the Interior Tenant Improvements, and (b) a one-time Exterior Improvement Allowance in the amount set forth in Section E(6) of the Basic Provisions of the Lease for the Exterior Improvement Work (the Interior Tenant Improvement Allowance and the Exterior Improvement Allowance are referred to herein, collectively, as the case may be. Neither party will [ILLEGIBLE] “Aggregate Tenant Improvement Allowance”), including any soft costs associated with the design and will not give any instructions construction of the same, including without limitation costs for space planning, design, engineering, measurement, cost estimating, value engineering and move-in; provided, that, (x) in no event shall more than ten percent (10%) of the Interior Tenant Improvement Allowance or authorizations more than ten percent (10%) of the Exterior Improvement Allowance be applied to, or disbursed for, such soft costs with respect to the Interior Tenant Improvements or Exterior Improvement Work, as applicable; (y) in no event shall any other employee or agent amount of the other partyAggregate Tenant Improvement Allowance be applied to, including or disbursed for, Tenant's furniture, fixtures and equipment; and (z) in no event shall more than $600,000.00 of the other party’s architects, engineersExterior Improvement Allowance be applied to the Exterior Improvement Work described in clause (b) of Section 1 of this Exhibit B above. During the construction of the Tenant Improvements, and contractors or any commencing upon the Commencement Date, Landlord shall make periodic distributions of their agents or employees, the Aggregate Tenant Improvement Allowance to Tenant in accordance with regard the following: 2.2.1 Landlord’s distribution of the Aggregate Tenant Improvement Allowance to matters covered by this Lease. Either Landlord or the Tenant shall not occur more than one (1) time per month (it being acknowledged and agreed that Tenant may change its representative at any time by written notice to submit requests for distribution in accordance with the otherterms hereof on a monthly basis following commencement of the Tenant Improvements).

Appears in 1 contract

Sources: Industrial Lease (Appfolio Inc)

Tenant Improvements. Landlord shall, at agrees to improve the premises as -------------------- shown and described on Exhibits A. and B. attached hereto and made a part hereof. Any additional improvements to the premises not specifically addressed therein shall be the sole responsibility of the Tenant. Should Tenant request that additional improvements not contained therein be provided by Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall request must be in good operating condition upon the commencement writing from a duly authorized representative of the Lease TermTenant and agreed to by Landlord. Landlord shall also then advise Tenant in writing of the cost associated with said additional improvements and shall not proceed to provide said additional improvements until authorized to do so in writing by the duly authorized representative of Tenant. Within thirty(30) days of completion of the Tenant Improvements in their entirety, Tenant shall pay to Landlord the costs of all such additional improvements. The Tenant Improvements shall be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold deemed complete upon issuance of a "Certificate of Occupancy" (or mildew resulting from such leaks (“Landlord’s Work”)its local equivalent) by the appropriate local governmental agency or agencies. Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesrepresent, warrant and provide evidence that the air handling systems within the building are of a satisfactory air quality. Such air quality testing shall include analyzing the building air handling system to ensure that any toxin-containing materials or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment fibers are not circulated or vented into the premises. Landlord will be responsible for payment for tests of the mold system upon completion of tenant improvements and mildew included in Landlord’s Work (will be responsible for the “Air Quality Assessment”)repairs and/or replacement of equipment and/or ducting and/or venting as necessary to accomplish the foregoing. Landlord shall not perform Landlord’s Work until warrant that all tenant improvement work performed in the Air Quality Assessment has been performed premises, the roof, the existing HVAC system, windows and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanicalseals, and fire electrical and life safety equipment) plumbing systems and equipment are in good working order as of the date of lease commencement. In addition, Landlord shall deliver the premises in a condition that meets all codes and regulations, the Americans With Disabilities Act (ADA), and any Title 24 requirements as the aforementioned exist as of the date of the lease. Tenant will be at Landlord’s expenseresponsible for costs associated with compliance with the ADA only for those interior items that may become required subsequent to the date of the lease. Any fees and permits necessary Landlord will be responsible for Tenant’s installation any such costs associated with compliance with the ADA on the grounds outside of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) the premises. Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions assume responsibility for making the mezzanine level wheelchair accessible. To the best of Landlord's knowledge, the building does not contain, nor has ever contained, asbestos containing materials; and there is no current use, storage or authorizations to, any other employee or agent disposal of significant quantities of hazardous materials on the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the othersite.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Maxwell Laboratories Inc /De/)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, (a) Tenant shall be construct any Tenant Improvements to the Premises in good operating condition upon accordance with the commencement provisions of the Lease TermWork Letter Agreement attached as Exhibit D to the Lease; provided, however, that the Paragraphs 5 and 6 of the Work Letter Agreement shall not be applicable. Landlord shall also be responsible, instead provide Tenant with an allowance for the design and construction of any Tenant Improvements to the Premises in the amount of One Million Four Hundred Thousand Dollars ($1,400,000) (the “Tenant Improvements Allowance”) and Landlord shall make the Tenant Improvement Allowance available to Tenant at Landlord’s cost, to repair all existing roof leaks any time during the 2015 and remove existing mold or mildew resulting from such leaks 2016 calendar years (the Landlord’s WorkConstruction Period”). Landlord and Tenant agree that the construction of any Tenant Improvements may be completed in phases if desired by Tenant. Therefore, notwithstanding anything contained in this Paragraph 7 or Exhibit D to the Lease to the contrary, Tenant shall engage ▇▇▇▇▇▇▇ Group Servicesbe allowed to submit “Final Plans and Specifications” (as defined in the Exhibit D) for any Tenant Improvements to Landlord in multiple phases during the Construction Period. Tenant shall not, however, make any material changes to any Final Plans and Specifications which have been approved by Landlord without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Landlord shall pay the Tenant Improvement Allowance to Tenant on a similar company that provides occupational healthprogress payment basis, safety and environmental risk information to perform an environmental assessment but not more frequently than monthly, within thirty (30) days after Landlord’s receipt of the mold following: (i) itemized invoices for the Tenant Improvement Costs paid, and mildew included (ii) a conditional release and waiver upon progress payment from the general contractor and each subcontractor engaged in Landlord’s Work (connection with the “Air Quality Assessment”)Tenant Improvements; a 10% retainage shall be withheld from each progress payment. Landlord shall pay the 10% retainage to Tenant within thirty (30) days after the Tenant Improvements have been completed and Landlord has received all of the following: (i) itemized invoices for all Tenant Improvement Costs paid (to the extent not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been previously delivered to Landlord Landlord), (ii) an unconditional release and Tenant. All fees waiver upon final payment from the general contractor and permits necessary for Landlord’s Work each subcontractor engage in connection with the Tenant Improvements; (including but not limited to electricaliii) copies of all building permits, mechanical, indicating inspection and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as approval by the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent issuer of the other party, including permits; (iv) an architect’s certification that the other party’s architects, engineers, Tenant Improvements have been completed in accordance with the final Plans and contractors or any Specifications; and (v) two (2) sets of their agents or employees, with regard to matters covered by this Lease. Either Landlord or “as-built” drawings for the Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 1 contract

Sources: Lease (Vocera Communications, Inc.)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as and Tenant shall meet with Landlord’s representative designers and agree upon a set of plans and specifications and/or construction drawings (collectively the “Plans and Specifications”), covering all work to act for be performed by Landlord in all construction mattersconstructing Tenant improvements within the Premises (the “Tenant Improvements”). Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ shall have five (5) days after receipt of the Plans and Specifications in which to review and to give to Landlord written notice of its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would either materially alter the Premises or make any exterior or structural changes to the Premises or the Building. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After the Plans and Specifications have been made or deemed final pursuant to the procedures set forth hereinabove, any subsequent changes to the Plans and Specifications requested by Tenant shall be at Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations sole cost and other communications with respect to construction matters shall be related expense and subject to Landlord’s representative written approval, which approval shall not be unreasonably withheld, conditioned or Tenantdelayed. (b) Landlord shall pay costs associated with the construction of the Tenant Improvements in an amount equal to $10.50 per useable square foot of space in the Premises, for a maximum total amount of $90,363 (the “Improvement Allowance”). If the cost of constructing the Tenant Improvements exceeds the Tenant Allowance, the sums spent by Landlord in excess of the Improvement Allowance shall be considered additional rent, to be paid by Tenant to Landlord immediately upon receipt of Landlord’s representativeinvoice therefore. The Improvement Allowance must be spent within the first 12 months of the Lease or whatever is outstanding shall be forfeited. (c) Landlord shall use reasonable speed and diligence to substantially complete construction of the Tenant Improvements in a good and workmanlike manner and to have the Premises ready for occupancy on or before June 1, 2006 as to Parcel A and on or before November 1, 2006 as to Parcel C. No liability whatsoever shall arise or accrue against Landlord by reason of its failure to deliver or afford possession of the case may bePremises unless it is a direct result of Landlord’s negligence or willful misconduct. Neither party will [ILLEGIBLE] Such failure to deliver possession of the Premises to Tenant by the dates herein stated shall automatically postpone the date of commencement of the Initial Term of this Lease and will payment of Rent and shall extend the termination date by the corresponding number of days. (d) The costs of constructing the Tenant Improvements shall include, but are not give any instructions or authorizations limited to, any the actual costs of construction (including the overhead and profit of Landlord’s contractors), construction management expenses, the cost of all permits and approvals, and all design costs and other employee or agent charges of Landlord’s designers, architects and engineers in the review and preparation of the other party, including the other party’s architects, engineers, Plans and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherSpecifications.

Appears in 1 contract

Sources: Lease Agreement (US BioEnergy CORP)

Tenant Improvements. Landlord shallAll Tenant Improvements shall be performed by Tenant’s contractor, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility cost and cost. expense (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as subject to Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications obligations with respect to construction matters any portion of the TI Allowance and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements as such costs become due, and Landlord shall reimburse Tenant (or pay directly to Tenant’s contractor) on a pari passu basis, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, Tenant shall promptly notify Landlord, and Landlord’s payment of the TI Allowance shall be related to Landlord’s representative on an adjusted pari passu basis based on the additional Excess TI Costs. All material and equipment furnished by Tenant or Tenant’s representativeits contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard, as set forth in Exhibit B-2. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the case may bePremises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent All Tenant Improvements shall be performed in accordance with Article 16 of the other partyLease; provided that, including notwithstanding anything in the other party’s architects, engineers, and contractors Lease or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice Work Letter to the othercontrary, in the event of a conflict between this Work Letter and Article 16 of the Lease, the terms of this Work Letter shall govern.

Appears in 1 contract

Sources: Lease (PMV Pharmaceuticals, Inc.)

Tenant Improvements. Landlord A. Lessor shall provide, at no cost to Lessee, the base building improvements for the Premises, which shall consist of the installation of a 2' x 4' ceiling grid, 2' x 2' acoustical tiles stockpiled on the floor, 2' x 4' parabolic fluorescent light fixtures stockpiled on the floor (at one (1) fixture per 80 usable square feet), the installation of the primary distribution of the HVAC system and the shell building fire protection sprinkler system, and mini blinds stockpiled on the floor. All of the foregoing items shall be either stockpiled or installed, as applicable, using Lessor's building standard improvements. All additional improvements to the base building will be so-called "Tenant Improvements" to be installed by Lessor but to be selected by Lessee as hereinafter set forth and paid for by Lessee subject to Lessor providing the Tenant Improvement Allowance (as hereinafter defined). Lessor shall provide a tenant improvement allowance (the "Tenant Improvement Allowance") equal to the product of Nineteen and No/100ths Dollars ($19.00) multiplied by the useable area of the Premises. Lessor shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters all major subcontracts, cause Lessor's general contractor to solicit bids for the Tenant Improvements from three (3) qualified subcontractors, and shall provide Lessee with the opportunity to examine said bids upon request by Lessee. B. If the price of the Tenant Improvements exceeds the Tenant Improvement Allowance, Lessee shall pay Lessor, in cash, upon substantial completion of the Tenant Improvements, the amount by which the price of the Tenant Improvements exceeds the Tenant Improvement Allowance. C. disapproval of such working drawings shall be related limited to Landlord’s representative or Tenant’s representative, as those items which are inconsistent with the case may beSpace Plan. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Lessee shall be responsible for Lessor's costs (including lost rent) arising out of delays in completing the Tenant Improvements caused by Lessee. Lessee also agrees to refrain from ordering long lead time items which would delay substantial completion of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 1 contract

Sources: Office Lease (Udc Homes Inc)

Tenant Improvements. With respect to Tenant Improvements, the parties agree as follows: (i) Landlord and Tenant acknowledge and agree that Tenant is hereby authorized to (1) perform the work with regard to the shell and core of the Building more particularly described in Exhibit C-1 hereto (the "Base Building ------------- Improvements"), and (2) construct and install at the Premises those improvements ------------ (hereinafter the "Tenant Improvements") described in Exhibit C-2 hereto. Tenant ------------------- shall, at Landlord’s its sole costexpense (but subject to reimbursement from the Base Building Allowance, insure the Architectural Allowance and the Tenant Improvement Allowance described below), construct the Base Building Improvements and Tenant Improvements in accordance with Section 4.B.(iii). (ii) Tenant agrees that all systemsit will apply for, (and Landlord will join in any applications, if necessary) for any required building permits, and upon issuance promptly and diligently pursue construction of the Base Building Improvements and Tenant Improvements. (iii) Prior to commencement of either the Base Building Improvements or Tenant Improvements, Tenant shall submit to Landlord detailed plans and specifications therefor. Landlord shall not unreasonably withhold or delay its approval of such as plans and specifications, but may withheld its approval if any such improvements will adversely affect the Building's structure or its mechanical, heating, ventilating, air conditioning, electrical, plumbingor other systems. Landlord shall approve or disapprove such plans and specifications within ten (10) business days after receipt thereof from Tenant; if Landlord does not respond within such ten (10) business day period it shall be deemed to have approved the plans and specifications in question. After approval of any such plans and specifications, Tenant shall construct the Base Building Improvements and Tenant Improvements in strict compliance therewith, and HVACshall not make any material alteration from such approved plans and specifications unless Landlord has approved such alteration. All work performed by Tenant shall be performed only by licensed contractors and subcontractors reasonably satisfactory to Landlord and such contractors and subcontractors shall procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require for the scope of the specific contractor's work. Certificates of such insurance must be received by Landlord before any such work is commenced. All such work shall be performed in a good and workmanlike manner free from all defects, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair compliance with all existing roof leaks applicable laws and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanicallegal requirements, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costpursued diligently to completion. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Tenant Improvements. All improvements to the Premises installed by Landlord shallor Tenant (collectively, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment"Tenant Improvements") will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) owned by Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations toremain upon the Premises without compensation to Tenant. However, any other employee or agent of the other partyTenant, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to Landlord, may remove, at Tenant's expense, any or all of the otherfollowing on or before the Expiration Date (or earlier termination): (1) any Tenant Improvements that were installed by the Tenant that are in excess of the costs associated with standard office improvements; and (2) Tenant's personal property (collectively, "Tenant's Removable Property"). Tenant will be required to remove any batteries, generators, fuel tanks and security systems (not including interior wiring) installed by Tenant. The Tenant will replace all Removed "Tenant Improvements" which were in "excess of standard" with leasehold improvements which would be considered STANDARD, in order to leave the Premises in a reasonably leaseable/useable condition by an office tenant. Tenant's Removable Property shall be removed by Tenant before the Expiration Date or date of termination of this Lease, if earlier than the Expiration Date, provided that upon Landlord's prior written consent, which shall not be unreasonably withheld, Tenant may remain in the Premises for up to five days after the Expiration Date for the sole purpose of removing Tenant's Removable Property. Tenant's possession of the Premises for such purpose shall be subject to all terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Tenant's Removable Property. If Tenant fails to remove any of Tenant's Removable Property, Landlord may, to the fullest extent permitted by Law: (1) treat such Tenant's Removable Property as abandoned by Tenant with full rights of ownership in Landlord; (2) remove and store any of Tenant's personal property at Tenant's expense with reimbursement by Tenant to Landlord upon demand; and/or (3) sell or dispose of such Tenant's Removable Property without delivering any proceeds to Tenant. To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit may be applied to offset Landlord's costs set forth in the preceding sentence. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 10.C.), may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as Tenant's Removable Property.

Appears in 1 contract

Sources: Office Lease (PROS Holdings, Inc.)

Tenant Improvements. Landlord shallwill furnish all of the material, at Landlord’s sole cost, insure that all systems, such labor and equipment for the construction on the Demised Premises of the “Tenant Improvements” {as electrical, plumbing, and HVAC, defined in Section 2.2(a)}. The Tenant Improvements shall be constructed in a good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included workmanlike manner in Landlord’s Work (substantial accordance with the “Air Quality Assessment”Final Tenant Improvement Plans” {as defined in Section 2.2(c). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost}. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ shall provide Tenant with a “Tenant Improvement Allowance” in the amount of $4,573,125.00 for payment of the “Tenant Improvement Costs” {as defined in Section 2.2(d)} incurred in constructing the “Tenant Improvements” {as defined in this Section 2.2(a)}. The Tenant Improvement Allowance may not be used to pay for Tenant’s furniture, fixtures or equipment (other than weight room equipment which is attached to the Improvements) and/or any Tenant Improvements not approved by Landlord’s representative . The Tenant Improvement Allowance may also be used to act pay for the Proposed Kitchen Equipment identified on Exhibit “I” or equipment performing the same function as the items on Exhibit I. The “Tenant Improvements” are those Improvements identified in the “Final Tenant Improvement Plans” (as hereinafter defined). The Tenant Improvement Allowance shall be used by Landlord to pay for the Tenant Improvement Costs. In the event the Tenant Improvement Costs exceed the Tenant Improvement Allowance (the “Excess”), Landlord may require that Tenant provide Landlord with reasonable cash security (as determined by Landlord in all construction mattersits sole discretion) to cover the amount of such Excess. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ shall, in any event, pay the Excess to Landlord on or before the Commencement Date. In the event the Tenant Improvement Cost is less than the Tenant Improvement Allowance, then Tenant shall be entitled to a Basic Rent adjustment as Tenant’s representative to act provided in Section 3.2 herein. Landlord shall be the general contractor for all Tenant in all construction mattersImprovement work. All inquiries, requests, instructions, authorizations and other communications Except with respect to construction matters mechanical and electrical work (which shall be related to provided by the same contractors performing the Landlord’s representative Improvements) and the carpentry and drywall work (which will be performed by Landlord), all other major subcontractors will be competitively bid by Landlord. (b) Attached hereto as Exhibit “D” is a schedule of the drawings constituting the preliminary fit plan for the Tenant Improvements to be constructed by Landlord (the “Preliminary Fit Plan”)which Preliminary Fit Plan has been prepared by WCL Interiors, Inc., (the “T.I. Architect”). The Preliminary Fit Plan has been approved by Tenant. The Tenant shall cause the T.I. Architect to prepare a “Final Fit Plan” for the Tenant Improvements and shall deliver the same to the Landlord for approval on or Tenantbefore October 5, 1998. The Final Fit Plan will be approved by the Landlord within fifteen (15) business days after receipt of same so long as it is substantially similar to the Preliminary Fit Plan. (c) After Landlord’s representativeapproval of the Final Fit Plan, the Tenant shall cause the T.I. Architect to prepare final plans for the Tenant Improvements in accordance with the Final Fit Plan and shall submit the same to Landlord for approval on or before January 4, 1999. Landlord shall approve or disapprove the final plans for the Tenant Improvements within fifteen (15) business days after receipt of same, and if Landlord fails to approve or disapprove same within such fifteen (15) business day period, Landlord shall be deemed to have approved such final plans. The final plans for the Tenant Improvements which have’ been prepared by the T.I. Architect and approved (or deemed approved) by Landlord are hereinafter referred to as the case may be“Final Tenant Improvement Plans”. Neither party Landlord will [ILLEGIBLE] and approve the Final Tenant Improvement Plans if they are substantially similar to the Final Fit Plan, but Landlord will have no obligation to approve such final Tenant Improvement Plans to the extent they are materially inconsistent with the Final Fit Plan. Landlord’s approval of the Final Tenant Improvement Plans will not give any instructions constitute a representation, warranty or authorizations toagreement that such plans conform to applicable building codes or professional design standards, any other employee or agent Tenant having agreed to look exclusively to the T.I. Architect for such assurances. In the event, however, that Landlord has actual knowledge of a material inconsistency between the Final Tenant Improvement Plans and the requirements of applicable building codes, Landlord will advise Tenant of that inconsistency. (d) The price to be charged by Landlord to Tenant for the Tenant Improvements (the “Tenant Improvement Costs”) shall be the sum of the following items: (i) the “Cost of the Work” (as hereinafter defined); plus (ii) Landlord’s actual “General Conditions” (as hereinafter defined) (not to exceed seven percent (7%) of the Cost of the Work); plus (iii) three percent (3%) of the amount referred to in subsection (i) for Landlord’s overhead and profit in connection therewith; plus (iv) any and all sales, transaction privilege and other party, including the other party’s architects, engineers, and contractors or taxes on any of their agents the foregoing which are not otherwise included on Schedule B-1. The “Cost of the Work” shall mean all costs incurred by the Landlord in the acquisition, construction or employeesinstallation of the Tenant Improvements in the categories identified on Exhibit “B-1”. “General Conditions” shall include, without limitation, the following costs associated with regard to matters covered by this Lease. Either Landlord or the Tenant may change its representative at any time by written notice Improvements: project management costs (to the other.extent not otherwise included on Exhibit B-1), superintendent, permits, plan and specification reproduction, job phone and pager, storage, trash hauling and dumping, general cleanup, first aid safety, small tools and expendable, final clean-up, insurance, field coordinator, site services and miscellaneous equipment. The Tenant Improvements will be constructed on an open

Appears in 1 contract

Sources: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Tenant Improvements. Landlord shallis providing the Premises (including the Expansion Space) in its current “AS IS” condition, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement without representation or warranty of the Lease Termany kind. Landlord shall also be responsible, at Landlord’s cost, have no obligation to repair all existing roof leaks and remove existing mold make any modifications or mildew resulting from such leaks alterations to the Premises. Landlord acknowledges that Tenant intends to construct certain improvements in the Expansion Space (the Landlord’s WorkTenant Improvements”). Tenant acknowledges and agrees that the Tenant Improvements shall include without limitation the improvements necessary to demise Suite 200 from the remainder of the vacant space on the second floor of the Building. The costs of the Tenant Improvements shall be paid by Tenant; provided, however, that Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information make available to perform Tenant an environmental assessment allowance of the mold and mildew included in Landlord’s Work up to $658,120.00 (the “Air Quality AssessmentAllowance”). Upon receipt of paid receipt invoices, notarized lien waivers, and any other information or documentation reasonably requested by Landlord, Landlord shall not perform Landlord’s Work until reimburse Tenant from the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary Allowance for Tenant’s installation actual costs relating to the construction of the Tenant Improvements. The Allowance may not be used to reimburse Tenant for any costs or expenses not directly related to the construction of the Tenant Improvements. The Tenant Improvements shall be constructed (i) in accordance with the plans and specifications that have been approved by Landlord in writing, (ii) in a good and workmanlike manner using only new and first-grade materials, (iii) in compliance with all applicable provisions in the Lease (including without limitation Section Article 8), and (iv) in compliance with all applicable governmental laws, ordinances, rules and regulations. If the cost of the Tenant Improvements exceeds the Allowance, then Tenant shall have sole responsibility for the payment of such excess cost. If the cost of the Tenant’s equipmentImprovements is less than the Allowance, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or then Tenant may change its representative at any time by upon advance written notice to Landlord receive the otherremaining portion of the Allowance (up to a maximum of $164,530.00) as a credit toward the Tenant’s obligations to pay Basic Rent as soon as the remaining portion of the Allowance is known. If any portion of the Allowance has not been requested by Tenant (including all documentation required by this Section), or applied toward Basic Rent pursuant to the prior sentence, by December 31, 2012, then the remaining portion of the Allowance as of said date shall be forfeited to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Datalink Corp)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also make available to Tenant an allowance for certain improvements to be responsible, at Landlord’s cost, to repair all existing roof leaks made in the Demised Premises as agreed between Landlord and remove existing mold or mildew resulting from such leaks Tenant (“LandlordTenant’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, in the amount up to Five Dollars ($5.00) per rentable square foot of the Demised Premises, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work $82,030.00 (the “Air Quality AssessmentLandlord’s Contribution”). Tenant will perform and complete Tenant’s Work in compliance with this Lease and such rules and regulations as Landlord shall not perform may reasonably make and in accordance with all applicable laws, orders, regulations and requirements of all governmental authorities, Landlord’s Work until insurance carriers and the Air Quality Assessment has been performed and suggested remediationboard of fire underwriters having jurisdiction. Prior to the commencement Tenant’s Work, if anyTenant shall submit to Landlord, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), the names of contractors who will perform Tenant’s Work, which contractors shall be required to carry reasonable insurance. All Tenant’s Work (including but not limited shall be subject to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expenseor Landlord’s representative’s reasonable approval. Any fees and permits necessary Upon completion of Tenant’s Work, Tenant may submit to Landlord evidence of payment for Tenant’s installation Work, along with final lien waivers and such other documentation as Landlord may reasonably require, and Landlord shall promptly disburse Landlord’s Contribution to Tenant. Tenant shall have no right to use Landlord’s Contribution after the first anniversary of the Rent Commencement Date. Tenant may not use any part of Landlord’s Contribution for the acquisition of personal property or the payment of Rent. If the cost of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Work exceeds Landlord’s representative to act for Landlord in all construction matters. Contribution, Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherpay such excess.

Appears in 1 contract

Sources: Lease Agreement (Gene Logic Inc)

Tenant Improvements. Landlord shallTenant, at Landlordits sole cost and expense, subject to the application of the Improvement Allowance (hereinafter defined), shall furnish and install in the Premises in accordance with the terms of this Work Agreement, the improvements set forth in the Tenant’s sole costPlans (hereinafter defined) which shall be approved by Landlord in accordance with Paragraph B.3, insure that below (the “Tenant Improvements”). Except as otherwise expressly set forth herein, all systemscosts of all design, such as electrical, plumbingspace planning, and HVACarchitectural and engineering work for or in connection with the Tenant Improvements, including without limitation all drawings, plans, specifications, licenses, permits or other approvals relating thereto, and all insurance and other requirements and conditions hereunder, and all costs of construction, including supervision thereof, shall be in good operating condition upon at Tenant’s sole cost and expense, subject to the commencement application of the Lease TermImprovement Allowance in accordance with the terms of this Work Agreement. Notwithstanding the foregoing, Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks reimburse Tenant for one-half (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment 1/2) of the mold and mildew included reasonable costs (without subtracting such costs from the Improvement Allowance) incurred by Tenant in Landlord’s Work constructing the demising wall in the location set forth on the attached Exhibit A (the “Air Quality AssessmentDemising Wall). Landlord shall not perform ) within thirty (30) days after Landlord’s Work until receipt of the Air Quality Assessment has been performed and suggested remediationinformation set forth in subparagraphs (a) through (d) in Paragraph C.2, if anybelow, has been delivered with respect to Landlord and Tenantthe Demising Wall. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation Tenant shall construct the Demising Wall as part of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord construction of the Tenant Improvements in all construction mattersthe Premises. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ shall cause the Contractor (hereinafter defined) to separately price the Demising Wall as Tenant’s representative to act part of its bid pricing for the construction of the Tenant in all construction mattersImprovements. All inquiries, requests, instructions, authorizations and other communications The Contractor shall provide “open book” pricing with respect to its proposed bid price for the construction matters of the Demising Wall, and Landlord shall be related permitted to Landlordnegotiate said pricing with the Contractor after the Tenant receives the Contractor’s representative or Tenant’s representative, as bid price for the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent construction of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherImprovements.

Appears in 1 contract

Sources: Sublease Agreement (Smart Online Inc)

Tenant Improvements. (a) Tenant shall construct, at Tenant's sole cost (subject to the Tenant Work Allowance as provided in Paragraph 8(b) below), improvements to the Premises (the "Tenant Improvements") substantially in accordance with the Space Plan approved by Landlord prior to commencement of construction. Tenant shall, at in consultation with Landlord’s sole cost, insure that coordinate the design of the Tenant Improvements, and the budgeting of the costs thereof. Tenant shall arrange for the preparation of "Construction Drawings and Specifications," consisting of construction working drawings, the mechanical, electrical and other technical specifications, and the finishing details, including wall finishes and colors and technical and mechanical equipment installation, if any, all systemsof which details the installation of the Tenant Improvements in the Premises. The architects and engineers who prepare such Construction Drawings and Specifications shall be selected by Tenant subject to Landlord's approval which shall not be unreasonably withheld. Within ten (10) business days of its receipt of any of (i) proposed Construction Drawings and Specifications and any amendments thereto, (ii) the estimated budget for the Tenant Work and any amendments thereto, (iii) proposed change orders, Landlord shall provide to Tenant notice of any refusal to approve any aspect of any such item, which notice shall state with particularity those elements thereof as to which Landlord does not approve, and the detailed reasons therefor. Should Landlord fail to provide such notice to Tenant within such period, such as electrical, plumbingitem shall conclusively be deemed to have been approved. Following approval by Landlord of Construction Drawings and Specifications, and HVACthe estimated budget therefor, which approval shall be in good operating condition upon reflected by Landlord's initialing as approved such Construction Drawings and Specifications, and the commencement budget therefor, Tenant will solicit bids from one or more general contractors for the construction of the Lease TermTenant Improvements, and Tenant shall, following consultation with Landlord, contract for the construction of the Tenant Improvements with a contractor reasonably acceptable to Landlord, and Tenant shall thereafter coordinate and supervise such construction and consult with Landlord regarding such construction. (b) Tenant shall receive an amount equal to the lesser of the actual cost of Tenant Work or Six Hundred Eighty-Seven Thousand Five Hundred Dollars ($687,500) (the "Tenant Work Allowance") to be applied against the costs associated with the design and construction of the Tenant Improvements (such design and construction being referred to herein as the "Tenant Work"). The costs of the Tenant Work shall include all costs to be expended in connection with the design and construction of the Tenant Improvements, including but not limited to the (i) architectural and engineering fees and expenses incurred in connection with the Tenant Work, including the preparation of the Space Plan and the Construction Drawings and Specifications; (ii) governmental agency plan check, building and other permits and other fees (including any code compliance changes required by any governmental entity or authority having jurisdiction thereof); (iii) sales and use taxes, if any; (iv) insurance fees associated with the construction of the Tenant Work; (v) testing and inspecting costs; (vi) the actual costs and charges for material and labor, contractor's profit and contractor's general overhead incurred in constructing the Tenant Work, including the cost of any change orders; (vii) the cost of constructing the demising walls; and (viii) utility hook-up and tap-in fees. The parties anticipate that the cost of the Tenant Work will exceed the Tenant Work Allowance. Landlord shall also be responsiblepay to Tenant the Tenant Work Allowance on the last of the following to occur: (a) completion of the Tenant Improvements, at or (b) ten (10) days after Landlord’s cost's receipt of Tenant's payment of rent for the second month of the Term; and (c) thirty (30) days following Tenant's presentation of all final and unconditional lien waivers, a certificate of occupancy and Tenant's written acceptance of the Tenant Improvements in form and substance satisfactory to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Landlord. (“Landlord’s Work”). Landlord shall engage c) Tenant designates ▇▇▇ ▇▇▇▇▇▇, whose address is ▇▇Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇-▇▇▇▇ or such other person as Landlord’s representative Tenant may designate in writing to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as ("Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, 's Authorized Representative") as the case may be. Neither party will [ILLEGIBLE] person authorized to (i) initial as approved all Construction Drawings and will not give any instructions or authorizations toSpecifications, any other employee or agent of the other partybudgets, including the other party’s architects, engineerschange orders, and contractors approvals pursuant to this Paragraph 8 and (ii) communicate with Landlord regarding the decisions, elections and requests of Tenant. Landlord shall not be obligated to respond to or act upon any of their agents or employees, with regard to matters covered such item until such item has been initialed by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherTenant's Authorized Representative.

Appears in 1 contract

Sources: Lease (Electronic Arts Inc)

Tenant Improvements. Landlord shallNot later than the date of this Amendment, Tenant shall cause Tenant’s architect (“Tenant’s Architect”), at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at LandlordTenant’s cost, to repair all existing roof leaks prepare and remove existing mold or mildew resulting from such leaks to deliver to Landlord, at least five (5) sets each of construction drawings of and construction specifications of improvements for Tenant’s occupancy of the 50 VSP Space (the Tenant Improvements”) in sufficient detail to enable Landlord to obtain a building permit and construct the Tenant Improvements (as may be modified, the “Tenant Construction Documents”) for Landlord’s Work”)review, approval (which may be withheld in Landlord’s reasonable discretion) and pricing in accordance with the procedure described below. Landlord may (but is not obligated to) make recommendations for changes to the Tenant Construction Documents, and Tenant may likewise make changes to the Tenant Construction Documents. (i) Within twelve (12) business days after Tenant’s Architect has delivered the Tenant Construction Documents to Landlord, Landlord shall obtain at least three (3) fixed price bids for the Tenant Improvements based upon the Tenant Construction Documents. Bids shall provide alternative pricing with no overtime and with overtime to shorten the construction schedule. The purpose of obtaining the bids is the selection of the general contractor to complete the Tenant Improvements. (ii) Within five (5) business days after Landlord has obtained at least three (3) fixed price bids for the Tenant Improvements in accordance with the above procedure, Landlord shall send copies of the bids and contractors’ supporting materials to Tenant, and Landlord and Tenant shall discuss, evaluate, and possibly adjust the bids. Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesthen, on or a similar company that provides occupational healthabout the end of such five (5) day period, safety and environmental risk information to perform an environmental assessment notify Tenant of the mold and mildew included in general contractor that Landlord has selected to complete the Tenant Improvements, taking into account the general contractor’s experience, Landlord’s Work (working relationship with the “Air Quality Assessment”)general contractor, the scope of the Tenant Improvements, the time required to complete the Tenant Improvements, the amount of the bids, and the amount of the Tenant Improvement Allowance. If Landlord does not select the lowest qualified bidder, Landlord shall not perform Landlord’s Work until notify Tenant of the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary reasons for Landlord’s Work (including but not limited to electricalchoice. The final fixed price, mechanicaltaking into account any Tenant approved change orders, and fire and life safety equipment) will be at together with Landlord’s expense. Any fees construction supervision and permits necessary management fee equal to two percent (2%) of the hard construction costs for Tenant’s supervising and managing the construction and installation of the Tenant Improvements, shall be the “Tenant Improvement Costs.” As used in this Amendment, the term “Tenant Improvements” shall include all of Tenant’s equipment, furniture work and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costimprovements shown on the Tenant Construction Documents. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Auxilium Pharmaceuticals Inc)

Tenant Improvements. Landlord Sublandlord shall deliver the Subleased Premises to Subtenant in their "as is" condition, with all moveable furniture removed and in broom clean condition. Subtenant shall, at its sole cost and expense, construct and build out the Subleased Premises. Subtenant shall conduct its own bidding process and shall use its selected construction manager to coordinate and manage the demolition and construction process. Subtenant's construction shall be made in accordance with plans and specifications prepared by Subtenant and approved by Sublandlord and Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, in accordance with all applicable building codes. Subtenant shall be in good operating condition upon provide the final plans and specifications to Sublandlord and Landlord prior to the commencement of the Lease Termdemolition and construction. Sublandlord and Landlord shall also approve (or disapprove) such plans and specifications within 3 business days of receipt, and approval shall not be responsibleunreasonably withheld. Subtenant may, from time to time, make minor modifications to the plans and specifications without the need to notify Sublandlord or Landlord. Subtenant shall notify Sublandlord and Landlord of material modifications to the plans and specifications throughout the construction process. Sublandlord and Landlord shall approve (or disapprove) such modifications within three business days of receipt, and approval shall not be unreasonably withheld. Material modifications are modifications that affect Building systems or the structural integrity of the Building. Subtenant shall have the right, at Landlord’s costis sole cost and expense, to repair all existing roof leaks install and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”)maintain its own security system in the Subleased Premises. Sublandlord and Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or will not charge Subtenant a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment fee for reviewing Subtenant's plans for the construction of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationSubleased Premises, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give charge a construction management service fee. In addition, there will not be any instructions charge for freight or authorizations topassenger elevator use or hoists, any electricity, water, air conditioning or other employee or agent utilities (during generally accepted business hours) during the construction (including move in) period of the other party, including Subleased Premises. Subtenant shall keep the other party’s architects, engineers, Subleased Premises and contractors or any the Project free and clear of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherall liens.

Appears in 1 contract

Sources: Sublease (Micro Media Solutions Inc)

Tenant Improvements. Landlord shallAfter completion of the Tenant's Work, at Tenant may make non-structural improvements, additions, alterations or changes to the interior of the Leased Premises, or any part thereof not in excess of $~QQ~ with out the prior written consent of Landlord’s sole cost, insure that all systemswhich will not be unreasonably withheld, such as electricalTenant shall not make structural alterations without the consent of Landlord, plumbing, and HVAC, which consent shall be in good operating condition Landlord's sole and absolute discretion. Tenant agrees to indemnify and save harmless the Landlord from all liens, claims or demands arising out of any work performed, materials furnished, or obligations incurred, by or for Tenant, upon the commencement Premises during the Term. Tenant shall promptly pay all contractor and LEASE AGREEMENT --------------- materialmen working on the Premises on his account, so as to minimize the possibility of a lien attaching to any of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other partyBuilding, including the Premises. Should any such lien be made or filed, Tenant shall notify Landlord immediately and bond against or discharge the same within 14 days after such lien is made or filed.Tenant's Work and other party’s architectsTenant improvements, engineersadditions, alterations or changes to the Premises shall be done in a good and workmanlike manner and done strictly in accordance with the laws and ordinances related thereto and shall comply with the Americans with Disabilities Act and Chapter 553, Florida Statutes, as each may be amended from time to time. Tenant shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, in addition to worker's compensation insurance, as required by the state of Florida, all risk builder's insurance, naming the Landlord as loss payee, in the amount of the replacement cost of the applicable work (or such other amount reasonably required by Landlord) and commercial general liability insurance on an occurrence basis with a minimum combined single limit of Three-hundred thousand dollars($300,000) and such other insurance that is required by Landlord. Tenant shall further submit the names of all contractors, sub-contractors, and contractors other entities utilized for the work for Landlord's approval prior to commencement of any work. In performing the work of any such alterations, additions or changes, Tenant shall have the work performed in a manner that will not obstruct the access to the Property of any other tenant of their agents or employeesLandlord. Tenant, with regard to matters covered by if not in default of this Lease. Either Landlord or , may remove any work made by Tenant may change its representative at pursuant to this section upon the termination of this Lease provided Tenant repairs any time damage caused by written notice to the othersuch removal.

Appears in 1 contract

Sources: Lease Agreement (P D C Innovative Industries Inc)

Tenant Improvements. Landlord shallshall cause its contractor, or, at Tenant’s option, shall permit Tenant to cause its contractor, to make such improvements to the Premises as may be specified by Tenant and approved by Landlord (“Tenant Improvements”) with such Landlord approval not to be unreasonably withheld, delayed or conditioned. All such improvements shall be set forth at one time by Tenant as part of a single plan, it being understood that Landlord shall not be required to undertake multiple jobs. All materials and finishes utilized in completing the Tenant Improvements shall be Landlord’s sole building standard. Should Landlord submit any matter to Tenant for approval, Tenant shall approve or reasonably disapprove same (with reasons specified) within 3 business days. Landlord’s total contribution for the Tenant Improvements shall not exceed $97,404.00 (“Landlord Contribution”). It is understood that Landlord shall be entitled to a supervision/administrative fee equal to 5% of the total hard and soft construction cost, insure that all systemswhich fee shall be paid from the Landlord Contribution. Any excess cost shall be borne solely by Tenant and, such as electrical, plumbing, and HVACif Landlord’s contractor performs the Tenant Improvements, shall be in good operating condition upon paid to Landlord within 10 days following Landlord’s billing for such excess cost. If Tenant’s contractor performs the commencement Tenant Improvements, within 30 days after the completion of the Lease TermTenant Improvements and Landlord’s receipt of copies of all supporting third-party invoices and other reasonable documentation of the costs, together with lien releases satisfactory to Landlord, Landlord will pay Tenant reimburse Tenant an amount equal to the lesser of (a) the cost of such Tenant Improvements and (b) the Landlord Contribution. Tenant understands and agrees that any portion of the Landlord Contribution not utilized by Tenant as part of the single improvement project on or before June 30, 2021, shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment or to apply any such savings toward additional work; provided, however, if there is any unused Landlord Contribution as of June 30, 2021, and provided that the cost of any Tenant Improvements undertaken have been paid in full, Landlord shall also be responsible, at Landlord’s cost, apply up to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment $48,702.00 of the mold and mildew included in Landlord’s Work (unused Landlord Contribution against the “Air Quality Assessment”)installments of Basic Rent next coming due under this Lease. Landlord It is understood that the Tenant Improvements shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for done during Tenant’s installation occupancy of Tenant’s the Premises. In this regard, Tenant agrees to assume any risk of injury, loss or damage which may result and that no rental abatement shall result while the Tenant Improvements are completed in the Premises. Tenant further agrees that it shall be solely responsible for relocating its office equipment, furniture and fixtures (including but not limited furnishings in the Premises to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costaccommodate such improvement work. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease (Icad Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord and Tenant shall cause the Tenant Improvements to be constructed in accordance with Exhibit D-1. As provided in Exhibit D-1, Landlord shall enter into the Construction Contract with the Tenant Contractor, and Landlord shall serve as the construction manager for the Tenant Improvements and shall be responsible for coordinating construction activities under the Construction Contract with construction activities relating to the Base Building. (b) Except as otherwise provided in Exhibit C-1, Tenant will be responsible for the preparation of the Space Plans and Bid Documents for the Tenant Improvements (as such terms are defined in Exhibit D-1), which plans and specifications shall be prepared at Tenant's cost and expense in accordance with Exhibit D-1, hereof. Tenant has selected Design Source, Inc. as the architect to prepare the Bid Documents, and Landlord hereby appoints approves such architect. Landlord shall have the right to approve any proposed engineer to be employed by Tenant for the Bid Documents and any change to the architect referred to above, which approval shall not be unreasonably withheld. All Bid Documents are subject to Landlord's reasonable approval as provided in Exhibit D-1. Tenant's architect and engineer shall work and coordinate with ccrd Partners (Landlord's mechanical, electrical and plumbing engineer) during the preparation of the Bid Documents. All structural changes to the Base Building must be designed by Brockette-Davis-Drake, Inc. (the Base Building engineer). Tenant's ar▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ onsible for designing the Tenant Improvements at Tenant's sole cost and expense, except as Tenant’s representative provided above. Landlord and Tenant shall comply with the schedules set forth in Exhibit D-1 for the preparation, review, and approval of such plans and specifications, or another schedule mutually agreed to act for by Landlord and Tenant in all construction matterswriting. All inquiriesLandlord shall not be required, requestsnor shall Tenant be allowed, instructionsto install any improvements that (i) are not compatible with (or are potentially damaging to) the Base Building structural, authorizations and mechanical, electrical, plumbing or other communications systems, (ii) adversely impact (in Landlord's reasonable judgment) either the exterior appearance or operations of the Building or the public areas thereof, (iii) are not approved by Landlord, which approval shall not be unreasonably withheld, or (iv) do not comply with respect to construction matters Legal Requirements. Landlord shall be required to bear the expense of installing the Base Building Improvements. The cost of all Tenant Improvements shall be for Tenant's account. If Landlord requires the purchase of payment or performance bonds in connection with the construction of the Tenant Improvements, the cost thereof will be charged against the Improvements Allowance; however, Landlord agrees to notify Tenant, upon written request of Tenant, whether Landlord will require such a bond from any particular contractors Tenant desires to include in the pricing of the Tenant Improvements work pursuant to Exhibit D-1. Additionally, Landlord shall not charge a separate fee for acting as the construction manager for the construction of the Tenant Improvements in the Initial Leased Premises, nor shall such fee be charged against the Improvements Allowance; provided, however, Landlord and/or HILP shall be entitled to collect the Development Fee. (c) After the completion of the Tenant Improvements in accordance with the Bid Documents, Tenant shall not make or allow to be made any material alterations or physical additions in or to the Leased Premises, or place safes, vaults, files, library shelves or other heavy furniture or equipment within the Leased Premises, without first obtaining the written consent of Landlord to the plans and specifications therefor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant shall have the right to make alterations and physical additions to the Leased Premises without Landlord's consent provided: (i) Tenant notifies Landlord in writing and furnishes Landlord with complete plans and specifications for all material alterations or additions (including without limitation, those that affect Base Building Systems) or for any alterations or additions for which plans are used at least fifteen (15) days prior to undertaking them and in all events prior to awarding a construction contract relating thereto, (ii) Tenant provides Landlord with "record" plans and specifications related to Landlord’s representative any such material alterations or Tenant’s representativeadditions upon completion of same, as (iii) such alterations or additions are not visible from public areas of the case may be. Neither party will [ILLEGIBLE] Project or from the exterior of the Leased Premises or the Building, (iv) the modifications are in compliance with all Legal Requirements, (v) such additions and alterations do not affect the Base Building Systems, or the structural integrity of the Project, (vi) Tenant coordinates its activities with the Building's property manager, (vii) such modifications are not in violation of this Lease and will not give interfere with the use and occupancy of any instructions other portion of the Building by any other tenant or authorizations tooccupant of the Building, (viii) all such modifications are constructed in a good and workmanlike manner using first class construction materials and in accordance with this Lease (including without limitation, Exhibit D-2), (ix) when completed, such alterations will not cause the Leased Premises to be unsuitable for general office use, and (x) the costs of such alterations then desired by Tenant do not exceed $40,000.00. Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord to engage an engineer to review such conditions. If Tenant selects Landlord to manage the construction of the aforesaid alterations or additions, Tenant agrees to pay Landlord a cost recovery fee in accordance with Exhibit K. If Tenant utilizes Outside Contractors, such work shall be performed in accordance with Exhibit D-2. Notwithstanding the foregoing, any other employee alterations, modifications or agent additions that affect the connections of the life safety systems and fire alarm systems into the Base Building and all other partyalterations, including modifications or additions that affect connections into a Base Building System or the other party’s architectsstructural integrity of the Project shall be completed by Landlord at Tenant's sole cost and expense, engineersplus a fee to Landlord as provided in Exhibit K only on that portion of the cost of the alterations, and contractors modifications or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice additions which are related to the otherBase Building, Base Building Systems or the structural integrity of the Project.

Appears in 1 contract

Sources: Office Lease Agreement (FSP Galleria North Corp)

Tenant Improvements. Landlord shallshall cause its contractor to make such improvements to the Premises as may be specified by Tenant and approved by Landlord (“Tenant Improvements”). All such improvements shall be set forth at one time by Tenant as part of a single plan, at it being understood that Landlord shall not be required to undertake multiple jobs. All materials and finishes utilized in completing the Tenant Improvements shall be Landlord’s sole building standard. Should Landlord submit any matter to Tenant for approval, Tenant shall approve or reasonably disapprove same (with reasons specified) within 3 business days. Landlord’s total contribution for the Tenant Improvements shall not exceed $21,655.00 (“Landlord Contribution”), based on $5.00 per usable square foot of the Premises. It is understood that Landlord shall be entitled to a supervision/administrative fee equal to 3% of the total hard and soft construction cost, insure which fee shall be paid from the Landlord Contribution. Any excess cost shall be borne solely by Tenant and shall be paid to Landlord within 10 days following Landlord’s billing for such excess cost. Tenant understands and agrees that any portion of the Landlord Contribution not utilized by Tenant as part of the single improvement project on or before June 30, 2019, shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment or to apply any such savings toward additional work; provided, however, that Tenant may, upon written request delivered to Landlord not later than October 1, 2018, apply any unused sums of the Landlord Contribution to the Basic Rent amortized on a straight-line basis over the Term commencing October 1, 2018 and ending September 30, 2021. Landlord and Tenant shall memorialize any such reduction in the Basic Rent on a form provided by Landlord. Notwithstanding the foregoing, Tenant may utilize all systemsor a portion of the Landlord Contribution toward the out-of-pocket expenses incurred by Tenant for the purchase, such as electrical, plumbingrefurbishment and/or installation of furniture for the Premises, and HVAC, telephone and data cabling costs. Tenant shall be in good operating condition upon the commencement reimbursed for such expenses by submitting copies of the Lease Termall supporting third-party invoices to Landlord by June 30, 2019. Landlord shall also reimburse Tenant in one installment within 30 days following receipt of all such invoices. It is understood that the Tenant Improvements shall be responsible, at Landlorddone during Tenant’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment occupancy of the mold Premises. In this regard, Tenant agrees to assume any risk of injury, loss or damage which may result and mildew included that no rental abatement shall result while the Tenant Improvements are completed in Landlord’s Work (the “Air Quality Assessment”)Premises. Landlord Tenant further agrees that it shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary be solely responsible for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s relocating its office equipment, furniture and fixtures (including but not limited furnishings in the Premises to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costaccommodate such improvement work. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease (Novus Therapeutics, Inc.)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such shall deliver the Premises to Tenant in its "as is" condition with the roof water tight and the existing electrical, plumbinglighting, HVAC and plumbing systems in good working order. Landlord hereby grants Tenant a one-time construction allowance of up to One Hundred Seventy One Thousand Six Hundred Eighteen Dollars ($171,618.00) ("Tenant's Construction Allowance") for the cost of the initial tenant improvements to be installed in the Premises by Tenant including all associated architectural, engineering and professional fees and costs (exclusive of any overhead costs of Landlord). Tenant shall submit its plans for the tenant improvements for Landlord's written approval (the "Approved Work"), which approval shall not be unreasonably withheld, prior to Tenant's commencement of construction of the Approved Work, and HVAC, Landlord shall respond within five (5) business days of the date Tenant provides Landlord any specific set of complete preliminary or complete final plans required for Landlord's approval. All work performed by Tenant shall be performed in good operating condition upon strict compliance with the commencement plans submitted for the Approved Work and no modification shall be made in such plans without the prior written approval of the Lease TermLandlord, which approval shall not be unreasonably withheld. Landlord shall pay Tenant's outside vendors or contractors for materials and services constituting the Approved Work, up to the maximum Tenant's Construction Allowance set forth in this (P)29, within thirty (30) days following Landlord's receipt of Tenant's submittal to Landlord of approved invoices and conditional lien releases for payment. Tenant shall also be responsiblereimbursed from Tenant's Construction Allowance for the reasonable cost of all preliminary and final plans and specifications and all permits relating to the installation of the Approved Work. All of the work to be done by Tenant under this (P)29. shall be done in accordance with the provisions of (P)14. hereof, at and Tenant shall be required to follow Landlord’s cost, 's reasonable rules and regulations relating to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”)contractors working in the Project. Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety have the right to reasonably approve all of Tenant's proposed contractors and environmental risk information subcontractors related to perform an environmental assessment the installation of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”)Approved Work. Landlord shall not perform Landlord’s Work until charge an administrative fee relating to the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered installation of the Approved Work. Tenant shall have the right to Landlord and Tenant. All fees and permits necessary access the Premises upon substantial vacation of the Premises by the present tenant for Landlord’s the purpose of installing the Approved Work (including but not limited to electricalthe "Construction Period"), mechanicalprovided, however, Tenant shall be bound by the terms and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary conditions of the Lease during the Construction Period except for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited 's obligation to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costpay Base Rent or Operating Expenses. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Standard Single Tenant NNN Lease (Medarex Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, The tenant improvement work (“Tenant Improvements”) shall be in good operating condition upon the commencement consist of the Lease Termwork required to complete certain improvements to the Premises based on a working floor drawing attached as Exhibit B. Tenant shall contract with a general contractor, identified as ▇.▇. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services& Associates, Inc. to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements: A. It is understood that except as provided below, the Tenant Improvements shall only include actual improvements to the Premises approved by Landlord identified in Attachments A and B and shall exclude (but not by way of limitation) Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, if any. Further, the Tenant Improvements shall incorporate Landlord’s building standard materials and specifications (“Standards”). No deviations from the Standards may be requested by Tenant with respect to doors and frames, finish hardware, entry graphics, the ceiling system, light fixtures and switches, mechanical systems, life and safety systems, and/or window coverings; provided that Landlord may, in its sole discretion, authorize in writing one or a similar company that provides occupational healthmore of such deviations, safety and environmental risk information in which event, unless Landlord otherwise agrees in its sole discretion, Tenant shall be solely responsible for the cost of replacing same with the applicable Standard item(s) upon the expiration or termination of this Lease. All other non-standard items (“Non-Standard Improvements”) shall be subject to perform an environmental assessment the prior approval of the mold and mildew included Landlord, which may be withheld in Landlord’s Work (the “Air Quality Assessment”)sole discretion. Landlord shall not perform Landlord’s Work until in no event be required to approve any Non-Standard Improvement if Landlord determines that such improvements (i) is of a lesser quality than the Air Quality Assessment corresponding Standard, (ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the level Landlord has been performed and suggested remediationagreed to provide Tenant under this Lease, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work or (including but not limited to electrical, mechanical, and fire and life safety equipmentiv) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation would have an adverse aesthetic impact from the exterior of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costthe Premises. B. Tenant shall use a licensed general contractor (a) Landlord hereby appoints Identified as ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as & Associates) and that contractor’s selected subcontractors to construct the Premises. C. The TI Contractor and each of its subcontractors shall comply with Landlord’s representative requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and the obligation to act for Landlord in all furnish appropriate certificates of insurance to Landlord, prior to commencement of construction matters. or the Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all Improvements work. D. A construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters schedule shall be related provided to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] Landlord and will not give any instructions or authorizations to, any other employee or agent Tenant prior to commencement of the other party, including construction of the other party’s architects, engineersTenant Improvements work, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.weekly updates shall be supplied

Appears in 1 contract

Sources: Commercial Lease Agreement (RxSight, Inc.)

Tenant Improvements. Tenant shall select a contractor or design-builder (the “Contractor/DB”) to construct and install the Tenant Improvements (as defined below). The Contractor/DB shall be approved by Landlord, which approval shall not be unreasonably withheld or delayed. In addition, Tenant shall provide Landlord shall, at a copy of the construction budget for Landlord’s sole costreview. The Contractor/DB shall construct and install the tenant improvements (the "Tenant Improvements") in the Leased Premises, insure that all systemssubstantially in accordance with plans, such as electrical, plumbingworking drawings and specifications (“Tenant's Plans”) prepared by Tenant's architect or design-builder (the “Architect/DB”), and HVAC, Tenant's Plans shall be in good operating approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall deliver Tenant’s Plans to Landlord via hard copy and via an electronic CAD file. Tenant acknowledges that Landlord may condition upon the commencement its approval of the Lease Term. Landlord shall also be responsibleTenant Improvements on Tenant’s agreement to remove them prior to the Term Expiration Date (or earlier termination of this Lease), at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew any damage resulting from such leaks removal and restore the Leased Premises to their condition existing prior to the date of the installation of such improvements, normal wear and tear excepted; provided, however, Landlord shall have the right to approve the Tenant Improvements made to the entry, lobby, and exterior façade of the Building (“Landlord’s Work”which approval shall not be unreasonably withheld or delayed), but Landlord shall not condition its approval on the removal of such improvements at the Term Expiration Date (or earlier termination of this Lease). Landlord The Architect/DB shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of prepare the mold and mildew included in Landlord’s Work construction documents (the “Air Quality AssessmentConstruction Documents”). Landlord , which shall not perform Landlordbe consistent with Tenant’s Work until the Air Quality Assessment has been performed and suggested remediationPlans (and, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for there are material portions that are inconsistent with Tenant’s installation of Tenant’s equipmentPlans, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) such portions shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related subject to Landlord’s representative written approval, which approval shall not be unreasonably withheld or Tenant’s representative, as delayed). Tenant and Landlord shall cooperate with and diligently assist the case may beArchitect/DB in completing the Construction Documents. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent Tenant shall deliver a copy of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard Construction Documents to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherLandlord.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Exar Corp)

Tenant Improvements. Landlord hereby grants to Tenant the right to make interior improvements to the Original Premises and the Expansion Premises. Tenant shall: (a) obtain Landlord’s written approval of comprehensive plans and specifications for such work within 5 business days of Tenant’s submission to Landlord (“Construction Documents”) (which approval shall not be unreasonably withheld); (b) obtain Landlord’s approval of Tenant’s general contractor within 5 business days of Tenant’s submission to Landlord (which approval shall not be unreasonably withheld); (c) deposit with Landlord all policies or certificates of insurance required by this Amendment and Section 16 of this Lease; and (d) have in its possession the permits and licenses necessary for the Tenant Improvements. Tenant shall proceed diligently to complete the Tenant Improvements, but regardless of status of completion will be responsible for the commencement of rent payment for the Expansion Premises upon September 1, 2005. Tenant will be permitted to occupy the Expansion Premises at any time following the Effective Date, but subject to Section 3, if applicable. At the time Landlord approves the Construction Documents, Landlord will notify tenant in writing of the Tenant Improvements that will need to be removed at the expiration or termination of the Lease in the Original Premises and Expansion Premises. Landlord hereby approves the plans attached as Section A-4 hereto without the requirement for Tenant to remove any of the improvements at the expiration or termination of the Lease (subject to Landlords final review of Construction Documents). Notwithstanding approval of the Construction Documents by Landlord, Tenant shall not be entitled to rely upon such approval as assurance that the Construction Documents comply with all applicable codes, rules, regulations and guidelines of all appropriate governmental agencies. Tenant agrees to accept the Expansion Premises in its “as is” condition as the date of delivery of the Expansion Premises by Landlord to Tenant and further acknowledges that Landlord is not obligated to provide any improvements whatsoever to the Original Premises, Additional Premises and Expansion Premises. Tenant’s occupancy of the Expansion Premises for the purpose of making the Tenant Improvements shall be deemed to constitute acceptance of the Expansion Premises and acknowledgement by Tenant that Landlord has fully complied with its obligations hereunder. Tenant shall require any construction contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (a) commercial general liability insurance policy, including, but not limited to, contractor’s sole costliability coverage, insure that all systemscontractual liability coverage, such as electricalcompleted operations coverage, plumbingbroad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, and HVACwith respect to personal injury and death and property damage, Four Million Dollars ($4,000,000) aggregate (occurrence form) and Two Million Dollars ($2,000,000) aggregate completed operations; (b) automobile liability insurance in the amount of One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage; (c) worker’s compensation insurance or similar insurance in form and amounts as required by law; and (d) any other insurance reasonably required of Tenant by Landlord or any Mortgagee. Such policy shall be maintained with companies licensed to do business in good operating condition upon the State where the Premises are located and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Such policies shall be provided on an occurrence form basis unless otherwise approved by Landlord and shall include Landlord and its managing agent as additional insured. Such policies shall also contain a waiver of subrogation provision and a provision stating that such policy or policies shall not be canceled, nonrenewed, reduced in coverage or materially altered except after thirty (30) day’s written notice, said notice to be given in the manner required by the Lease to Landlord, Attention: Risk Management Department. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the commencement of the Lease TermTenant Improvements. If Tenant shall fail to obtain this required insurance, Landlord shall also be responsiblemay, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord but shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationbe obligated to, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanicalobtain such insurance, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipmentin such event, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) Tenant shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representativepay, as Additional Rent, the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered premium for such insurance upon demand by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the otherLandlord.

Appears in 1 contract

Sources: Lease (Inphonic Inc)

Tenant Improvements. Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints shall construct, or cause to be constructed, at Tenant’s sole cost and expense (subject to the Landlord’s Maximum TI Contribution (as hereinafter defined)), in a good and workmanlike manner, certain improvements to the Demised Premises as provided for in the Tenant’s Plans (as hereinafter defined). The work described in the Tenant’s Plans is hereinafter referred to as the “Tenant Improvements”. Except for the Tenant Improvements, Landlord shall have no obligation to perform any improvements to the Demised Premises to prepare the same for Tenant’s occupancy, and Tenant acknowledges that Tenant has inspected the Demised Premises and accepts the same in its “AS IS” condition, without any representation or warranty by Landlord, express or implied. (b) Landlord and Tenant have attached hereto the initial plans (the “Initial Plans”) for the Tenant Improvements, consisting of the space plan attached hereto as Exhibit “B” (the “Space Plan”) and the construction standards attached hereto as Exhibit “B-1” (the “Construction Standards”). On or before the Construction Information Submission Date, Tenant shall submit sufficient information, including, without limitation, Tenant’s finish selections, mechanical loads, electrical loads and locations, furniture plans and special lighting and use requirements, if any (collectively, the “Construction Information”), to, and as required by, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Architects (the “Architect”) to enable the Architect to prepare and deliver to Landlord, on or before the Tenant-▇▇▇▇ as Approved Drawings Submission Date, complete construction and permit drawings for the Tenant Improvements (collectively, the “Construction Drawings”) which have been approved by Tenant. The Construction Drawings shall: (i) strictly conform to the Initial Plans; (ii) include all information and specifications necessary for Landlord to complete the Tenant Improvements and to obtain all required permits and approvals therefor; and (iii) strictly conform to all applicable laws and requirements of governmental authorities and insurance underwriters’ requirements. Within two (2) business days after Tenant’s approval of the Construction Drawings, and in any event on or before the Tenant-Approved Drawings Submission Date, Tenant shall submit the same to Landlord for Landlord’s representative review and approval, which approval shall not be unreasonably withheld, conditioned or delayed provided that the Construction Drawings meet the foregoing requirements. If Landlord disapproves the Construction Drawings, (including, without limitation, for failure of the Construction Drawings to act for strictly conform to the Initial Plans) or if the Construction Drawings are disapproved by any applicable governmental authority, Tenant shall cause the Architect to promptly make any changes in the Construction Drawings required by Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representativeand/or such governmental authority, as the case may be. Neither party will [ILLEGIBLE] Tenant acknowledges that the Estimated Delivery Date (which shall be an estimate and will not give any instructions a guarantee by Landlord) is conditioned upon Landlord and all applicable governmental authorities approving the Construction Drawings on or authorizations tobefore the Outside Approval Date. (c) The Initial Plans and the Construction Drawings, any other employee or agent as finally approved by Landlord and all applicable governmental authorities pursuant to subparagraph (b) above, are hereinafter collectively referred to as the “Tenant’s Plans”. All work described in the Tenant’s Plans shall be furnished, installed and performed by Landlord, utilizing a general contractor selected by Landlord, for the Total TI Costs (as hereinafter defined), which Total TI Costs shall be paid by Tenant (subject to the Landlord’s Maximum TI Contribution) as provided herein. The “Total TI Costs” shall mean all costs and expenses incurred by Landlord in connection with the completion of the other partyTenant Improvements, including the other partyincluding, without limitation: (i) Landlord’s out-of-pocket contract or purchase price(s) for materials, components, labor and services, plus, plus (ii) Landlord’s architects’ and engineers’ fees and costs, engineersplus (iii) fees for all required permits and approvals, and contractors or any plus (iv) an amount equal to five percent (5%) of their agents or employees, with regard to matters covered by this Leasethe foregoing items as Landlord’s construction management fee. Either Landlord or Tenant may change its representative at any time by written notice Notwithstanding anything to the othercontrary contained herein, if the final Construction Drawings, as finally approved by Landlord and all applicable governmental authorities, contain any work which was not included in, or otherwise exceeds the scope of, the Initial Plans, then the same shall constitute a change order requested by Tenant (a “Tenant Change Order”) and shall be governed by the provisions of subparagraph (d) below relating to Tenant Change Orders.

Appears in 1 contract

Sources: Lease Agreement (Strategic Distribution Inc)

Tenant Improvements. Tenant takes and accepts the Expansion Space from Landlord shallin its present as-is condition and as suited for the use intended by Tenant, at Landlord’s sole costexcept for such improvements as may be expressly provided for in the Tenant Improvement Agreement attached hereto and made a part hereof as Exhibit "B ." If, insure that all systemsfor any reason whatsoever, such the " Tenant Improvements ," as electricaldefined in the Tenant Improvement Agreement, plumbingto be completed in the Expansion Space are not substantially completed by January 1, 2 004, the Lease (including this Amendment) shall not be void or voidable, and HVACLandlord shall not be liable to Tenant for any resulting loss or damages resulting therefrom. No delay in delivery of the Tenant Improvements to be completed in the Expansion Space shall operate to relieve Tenant of Tenant’s obligations (including the obligation to pay Base Rental and additional rent under the Lease) to Landlord as provided in the Lease, and the Expansion Date, as defined in this Amendment, and the Expiration Date, as defined in the Lease, shall not be postponed; provided, however, that in good operating condition upon the commencement of event the Lease Term. Landlord Tenant Improvements to be completed in the Expansion Space are not substantially completed by January 1, 2004 and Tenant has not taken delivery or otherwise occupied the Expansion Space, the Base Rental payable with respect to the Expansion Space shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Servicesuntil said Tenant Improvements are substantially complete or Tenant takes delivery or otherwise occupies the Expansion Space. Notwithstanding the foregoing, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord Tenant shall not perform Landlordbe entitled to any such rent abatement if and to the extent the delay in completing the Tenant Improvements is attributable to Tenant, its employees or agents (including Tenant’s Work until the Air Quality Assessment has been performed and suggested remediationarchitect, if any) or any such party’s failure to comply with the provisions hereof. Landlord agrees to construct or install in the Expansion Space the " Tenant Improvements ," as defined in and to be constructed or installed pursuant to the provisions of the Tenant Improvement Agreement, which is attached hereto as Exhibit "B ." Tenant agrees to comply with all the terms and provisions of the Tenant Improvement Agreement, including, without limitation, the obligation to pay, as additional rent, all amounts due Landlord under Paragraph 3 thereof according to the payment provisions contained in said Paragraph 3. Upon request of Landlord. within thirty (30) days alter the Expansion Space has been delivered substantially completed in accordance with the Tenant Improvement Agreement, Tenant will execute and deliver to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costa Tenant Acceptance Agreement in the form attached hereto as Exhibit "C . (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other."

Appears in 1 contract

Sources: Lease Agreement (Matria Healthcare Inc)

Tenant Improvements. Upon or after Commencement Date of this Lease, Tenant shall submit to Landlord shallfor approval plans and specifications (the “Plans”) for certain improvements, at Landlordwhich improvements are to be completed by Tenant’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the commencement of the Lease Termcontractors. Landlord shall also be responsiblehave a period of seven (7) days thereafter to review and either approve or provide detailed comments and revisions to such Plans. If Landlord timely provides comments and revisions, at Tenant shall have a period of five (5) days thereafter to revise the Plans and resubmit same for Landlord’s costfurther review and approval as set forth herein. If Landlord fails to timely respond to any submission of Plans within seven (7) days thereafter, then such Plans shall be deemed approved by Landlord. Upon approval or deemed approval, Tenant’s contractor shall commence and diligently pursue completion of the improvements pursuant to repair all existing roof leaks the Plans and remove existing mold or mildew resulting from Landlord shall provide to Tenant an allowance for such leaks improvements in an amount equal to One Hundred Twenty-One Thousand Dollars (“Landlord’s Work”$121,000). Landlord shall engage ▇Such allowance may be used by Tenant for improvements to the first floor or third floor of the 110 ▇▇▇▇▇▇ Group Servicesbuilding. Tenant shall be responsible for any and all costs of improvements, even if such costs exceed the amount of such allowance. The allowance shall be paid by the Landlord to Tenant, or a similar company that provides occupational healthto Tenant’s contractor, safety in full or in installments, as applicable, within ten (10) days after Landlord’s receipt of written instructions from Tenant, accompanied by evidence of such costs (e.g., invoices and/or paid receipts) and environmental risk information partial or full lien waivers from Tenant’s contractor or subcontractors for such work. In the event Landlord fails to perform an environmental assessment pay all or any portion of the mold and mildew included in Landlord’s Work (foregoing allowance, Tenant shall have the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediationright, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited the obligation, to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for deduct such amounts from Tenant’s installation next monthly installment(s) of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and costBase Rent. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice to the other.

Appears in 1 contract

Sources: Lease Agreement (Millendo Therapeutics, Inc.)

Tenant Improvements. Landlord shalland Tenant hereby agree that Landlord shall not be constructing improvements to the Expansion Space on Tenant’s behalf. If improvements are desired by Tenant to be constructed in the Expansion Space, at (A) Tenant will be responsible for such construction (using contractors) reasonably approved by Landlord), and (B) Tenant will prepare preliminary plans for any such improvements for Landlord’s sole costreview and reasonable approval and, insure that all systemsonce approved, prepare applicable construction documents and specifications for the Expansion Space (the “Expansion Space Documents”) (consistent with such as electricalapproved preliminary plans) to be approved by Landlord (such approval not be unreasonably withheld, plumbingconditioned, and HVACor delayed) (collectively, shall be in good operating condition upon the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (LandlordTenant’s Work”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or will provide Tenant a similar company that provides occupational health, safety maximum improvement allowance of Five Hundred Fifty-Six Thousand Three Hundred Twenty- Five and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work No/100 Dollars ($556,325.00) (the “Air Quality AssessmentTenant Improvement Allowance”). Such Tenant Improvement Allowance is to be applied against all hard and soft constructions costs and such other costs as are reasonably related to Tenant’s use and occupancy of the Expansion Space, which costs include, but are not limited to, costs associated with the preparation and procurement of construction documents and permits, labor, materials, and construction management fees as incurred to construct the Tenant’s Work. Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work reimburse Tenant (including but not limited to electrical, mechanical, and fire and life safety equipmenti) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures (including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be Tenant’s sole responsibility and cost. (a) Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇▇▇ as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters costs, on the completion of Tenant’s Work and delivery of a final certificate of occupancy for the Expansion Space within twenty (20) days following written demand (and reasonable documentation thereof) for any costs incurred by Tenant to construct the Tenant’s Work, up to the maximum amount of the Tenant Improvement Allowance, and (ii) with respect to other costs, within twenty (20) days following written demand. In the event the actual cost requested by Tenant and reimbursed by Landlord in accordance with the preceding sentence is less than the Tenant Improvement Allowance, at Tenant’s request, such difference shall be related paid by Landlord to Landlord’s representative or Tenant’s representative. For clarity, as the case may be. Neither party will [ILLEGIBLE] and will should Tenant elect to not give perform any instructions or authorizations toTenant Work, any other employee or agent of the other party, including the other party’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by shall provide written notice of such fact to Landlord and Landlord will pay Tenant an amount equal to the otherTenant Improvement Allowance within thirty (30) days of receipt of such notice.

Appears in 1 contract

Sources: Lease Agreement (Ensemble Health Partners, Inc.)

Tenant Improvements. Landlord shallA. Commencing on the date which is approximately thirty (30) days prior to the Substantial Completion Date (the “Early Access Date”), at Landlord’s sole costTenant may begin furnishing and installing certain fixtures, insure that all systems, such as electrical, plumbingequipment, and HVAC, shall be in good operating condition upon other items for the commencement of the Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks Premises (“LandlordTenant’s WorkFF&E”). Landlord shall engage ▇▇▇▇▇▇▇ Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the mold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, if any, has been delivered to Landlord and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipmentFF&E is hereinafter referred to as “Tenant’s Work.” Prior to beginning Tenant’s Work, furniture Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and fixtures location of the Tenant’s FF&E; and (including but ii) the names of the separate contractors who will provide and install Tenant’s FF&E (the “Tenant’s Contractors”). Tenant shall not limited commence actual construction within the Premises until Tenant and Tenant’s Contractors have submitted to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. Such work performed by Tenant’s sole Contractors shall comply with all applicable insurance requirements, laws, statutes, ordinance and regulations of the Village, the State of Illinois and the United States of America. Tenant shall permit Landlord to observe all construction operations within the Premises, however Landlord shall not charge Tenant any supervisory or construction management fees in connection with the Tenant’s Work. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility and costfor or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises complies with laws, complies with Tenant’s plans, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the terms of this Lease. (a) B. Tenant, at its sole cost and expense, shall file all necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals necessary to perform and complete Tenant’s Work, however, Landlord hereby appoints ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇shall cooperate with Tenant in connection with Tenant’s permit applications. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord. C. Tenant and Tenant’s Contractors shall coordinate access and Tenant’s Work with Landlord and General Contractor in order to prevent any delay or disruption in the on-▇▇▇▇ time completion of the Landlord’s construction obligations pursuant to the terms of Article IV hereof. Tenant shall insure that any of Tenant’s Work being performed at the Premises by Tenant’s Contractors shall not cause any problems with the labor unions in connection with the construction work being performed at the Premises pursuant to Landlord’s construction obligations. In the event that Tenant’s Contractors are non-union employees and this issue causes or threatens to cause a delay or stoppage in the work being performed at the Premises by Landlord, Tenant shall immediately stop all of Tenant’s Work at the Premises until such time as Landlord’s representative construction obligations are substantially complete. D. Tenant shall at all times keep the Premises and adjacent areas free from accumulations of waste materials or rubbish caused by its suppliers, contractors or workmen. Landlord reserves the right to act for Landlord in all construction mattersdo clean-up at the expense of Tenant if Tenant fails to comply with Landlord’s reasonable cleanup requirements. Tenant hereby appoints ▇▇▇ ▇▇▇▇▇▇▇ as At the completion of Tenant’s representative Work, Tenant’s Contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises. Any damage caused by Tenant or Tenant’s Contractors to act any portion of the Premises or to any property of Landlord shall be repaired forthwith by Tenant at its expense to the condition prior to such damage. E. Tenant and Tenant’s Contractors shall assume responsibility for Tenant in the prevention of accidents and shall take all construction matters. All inquiries, requests, instructions, authorizations and other communications reasonable safety precautions with respect to Tenant’s Work and shall comply with all reasonable safety measures initiated by Landlord and General Contractor (including performing all Tenant’s Work in accordance with General Contractor’s safety program) and with all applicable laws, ordinances, rules, regulations and orders applicable to Tenant’s Work including those of any public authority for the safety of persons or property. Tenant shall advise Tenant’s Contractors to report to Landlord any injury to any of its agents or employees and shall furnish Landlord a copy of the accident report filed with its insurance carrier within three (3) days of its occurrence. F. Tenant shall procure and maintain or cause Tenant’s Contractors to maintain the kinds and amounts of insurance as reasonably required by Landlord and otherwise in accordance with the requirements set forth in Article 9 of this Lease. Prior to the commencement of any construction matters activity on the Premises, certificates evidencing such insurance required herein shall be related delivered to Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to the expiration of the existing policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord and shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or materially modified without thirty (30) days’ advance written notice to Landlord. The minimum limits of insurance shall not limit or diminish Tenant’s representative liability under the Lease. The failure of Landlord to obtain such evidence from Tenant or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will Contractors before permitting construction to commence shall not give be deemed to be a waiver by Landlord of any instructions or authorizations to, any other employee or agent of the other party, including the other party’s architects, engineersrequirement herein, and contractors Tenant shall remain under continuing obligation to maintain and cause Tenant’s Contractors to maintain the specified insurance coverage. Any and all deductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any insurance maintained by Landlord shall apply in excess of and not contribute with insurance provided by Tenant or any of their agents Tenant’s Contractors. G. Tenant shall not be required to pay Base Rent or employees, with regard to matters covered by this Lease. Either Landlord or Tenant may change its representative at any time by written notice Additional Rent during the period commencing on the Early Access Date through the day prior to the otherCommencement Date.

Appears in 1 contract

Sources: Industrial Building Lease (Akorn Inc)