Common use of Tenant to Construct Clause in Contracts

Tenant to Construct. At Tenant’s sole cost and expense, including, subject to the terms of this Section 2.1, payment to Landlord of an amount equal to two percent (2.0%) of the hard construction costs associated with such improvements as an oversight fee (the “Construction Management Fee”). Tenant shall construct certain interior improvements in conformance with the Approved Working Drawings described below (“Tenant Improvements”) and subject to all the terms and conditions of the Lease and this Agreement, provided that a failure, for any reason, to complete the construction of the Tenant Improvements for the Premises by the Commencement Date therefor shall have no impact on the relevant Commencement Date and date for commencement of payment of Base Rent, which shall remain unchanged. To the extent such amount is in excess of the Construction Management Fee, Tenant shall reimburse Landlord for Landlord’s reasonable out-of-pocket design review costs in connection with each of the plans and working and construction drawings reviewed, by Landlord, pursuant to Article III below, within thirty (30) days of receipt of a reasonably detailed invoice by Tenant, in which event Tenant shall be excused from paying the Construction Management Fee to Landlord. Any Tenant Improvements that require the use of Building risers, raceways, shafts and/or conduits, shall be subject to Landlord’s reasonable rules, regulations, and restrictions, including the requirement that any cabling vendor must be selected from a list provided by Landlord, and that the amount and location of any such cabling must be approved by Landlord. Notwithstanding the foregoing, Landlord hereby approves Isetta Data Communications (“IDC”) as an approved cabling vendor for purposes of performing certain portions of the Tenant Improvements. All Tenant Improvements for which the Tenant Improvement Allowance has been made available shall be deemed Landlord’s property under the terms of the Lease; provided, however, Landlord may, by written notice to Tenant at the time the Tenant Improvements are approved, require Tenant to remove the Tenant Improvements prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Tenant Improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installment of such Tenant Improvements.