Tenant’s Initial Alterations. 1. Tenant shall commence the design of Tenant’s Initial Alterations promptly after the Effective Date and diligently proceed to complete such design and construction in accordance with the terms of this Work Letter. All Tenant’s Initial Alterations shall be (x) effected in accordance with (i) the construction schedule and approved by Landlord pursuant to Section D.1 hereof (which may be subsequently modified by Tenant), (ii) the requirements of this Work Letter and the Lease, including, without limitation, Articles 4 and 8 thereof, and (iii) the requirements of all Governmental Authorities and (y) diligently prosecuted to completion. Any failure to complete Tenant’s Initial Alterations shall not in any way result in a postponement of the Rent Commencement Date or the payment of any rent. (a) At the time that Tenant submits Tenant’s construction schedule and other information required pursuant to Section D.1 hereof, Tenant shall submit to Landlord (but only to the extent available at such time), for approval in accordance with the terms of Article 4 of the Lease, the name of the Tenant’s general contractor, Tenant’s architect, Tenant’s engineer and any other contractors Tenant wishes to engage to work in the Building. In the performance of Tenant’s Initial Alterations, Tenant shall use only Approved Contractors and Approved Architects and Engineers. Tenant shall also provide Landlord, at least ten (10) days prior to sending out any bid packages, with a list of contractors or subcontractors who will be on the list of bidders. Landlord may reject any contractor if Landlord reasonably believes that the performance of work by such contractors shall create difficulty, strike or jurisdictional dispute with other contractors employed by Landlord, Tenant or other tenants in the Building or on any other reasonable basis. Notwithstanding the foregoing, Landlord may, if Landlord chooses, designate only one (1) contractor, subcontractor or engineer for the life safety system, elevators, fire alarm system, building management system and other proprietary technical systems; provided that the charges of such contractor, subcontractor and/or engineer shall be reasonable and competitive with the charges of contractors, subcontractors and/or engineers providing similar services to other First Class Office Buildings. (b) Notwithstanding the foregoing paragraph (a), the approval by Landlord of such general contractor, subcontractors and/or engineers shall not be deemed to mean that Landlord has given any assurance or made any representation or guaranty with respect to, the performance by or quality of work of such construction manager, general contractor, subcontractors or engineers and Landlord shall have no responsibility for the actions, negligence, work or workmanship of such construction manager, general contractor or subcontractor(s). 3. Tenant’s Initial Alterations shall be performed in accordance with the alteration rules and regulations set forth in Exhibit C to the Lease and made a part hereof and if any item of Tenant’s Initial Alterations is not specifically covered by said building standards, then such item shall still be of a high quality consistent with construction rules and regulations and the general quality of said building standards and shall be under no circumstances whatsoever below the industry standards for First Class Office Buildings. 4. In connection with Tenant’s Initial Alterations, Tenant shall install window treatments reasonably approved by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Moodys Corp /De/)
Tenant’s Initial Alterations. 1. Tenant shall commence the design of Tenant’s Initial Alterations promptly after the Effective Date and diligently proceed to complete such design and construction in accordance with the terms of this Work Letter. All Tenant’s Initial Alterations shall be (x) effected in accordance with (i) the construction schedule and approved by Landlord pursuant to Section D.1 hereof (which may be subsequently modified by Tenant)hereof, (ii) the requirements of this Work Letter and the Lease, including, without limitation, Articles 4 and 8 thereof, and (iii) the requirements of all Governmental Authorities and (y) diligently prosecuted to completion. Any If at any time after the Effective Date Tenant evidences an intention to or does cease the design or construction of Tenant’s Initial Alterations prior to their completion without an intention or plan to resume same, and if Tenant does not resume same promptly after notice thereof from Landlord, then Tenant shall be deemed in breach of this Section B.1 and Landlord may thereupon exercise its remedies under this Work Letter and the Lease. Landlord shall have no responsibility for performance or supervision of any Tenant’s Initial Alterations. Except as set forth in Section 1.4 of the Lease, any failure to complete Tenant’s Initial Alterations shall not in any way result in a postponement of the Rent Commencement Date or the payment of any rent.
(a) At the time that Tenant submits Tenant’s construction schedule and other information required pursuant to Section D.1 hereof, Tenant shall submit to Landlord (but only to the extent available at such time)Landlord, for approval (not to be unreasonably withheld, conditioned or delayed as provided in accordance with the terms of Article 4 of the Lease), the name of the Tenant’s general contractor, Tenant’s architect, Tenant’s engineer and any other contractors Tenant wishes to engage to work in the Building. In Landlord shall respond to such request within ten (10) days after receipt. Subject to Section 4.3 of the Lease, Tenant, in the performance of Tenant’s Initial Alterations, Tenant shall use only Approved Contractors and Approved Architects and Engineers. Tenant shall also provide Landlord, at least ten (10) days prior to sending out any bid packages, with a list of contractors or subcontractors who will be on the list of bidders. The list of bidders shall be subject to Landlord’s approval (unless the bidders are already Approved Contractors), which shall not be unreasonably withheld or delayed. Landlord shall respond to such request for approval within ten (10) days after receipt of Tenant’s list of bidders. Landlord may reject any contractor (unless the bidders are already Approved Contractors) if Landlord reasonably believes that the performance of work by such contractors shall create difficulty, strike or jurisdictional dispute with other contractors employed by Landlord, Tenant or other tenants in the Building or on any other reasonable basis. Notwithstanding the foregoing, Landlord may, if Landlord chooses, designate only one (1) contractor, subcontractor or engineer for the life safety system, elevators, fire alarm system, building management system and other proprietary technical systems; provided that the charges of such contractor, subcontractor and/or engineer shall be reasonable and competitive with the charges of contractors, subcontractors and/or engineers providing similar services to other First Class Office Buildings.
(b) Notwithstanding the foregoing paragraph (a), the approval by Landlord of such general contractor, subcontractors and/or engineers shall not be deemed to mean that Landlord has given any assurance or made any representation or guaranty with respect to, the performance by or quality of work of such construction manager, general contractor, subcontractors or engineers and Landlord shall have no responsibility for the actions, negligence, work or workmanship of such construction manager, general contractor or subcontractor(s).
3. Tenant’s Initial Alterations shall be performed in accordance with the alteration rules and regulations set forth in Exhibit C to the Lease and made a part hereof and if any item of Tenant’s Initial Alterations is not specifically covered by said building standards, then such item shall still be of a high quality consistent with construction rules and regulations and the general quality of said building standards and shall be under no circumstances whatsoever below the industry standards for First Class Office Buildings.
4. Tenant shall pay to Landlord, within thirty (30) days following receipt of an invoice therefor, for all actual incremental out-of-pocket costs reasonably incurred by Landlord directly resulting from Tenant’s Initial Alterations including, without limitation, labor, cleanup, tie ins, system shutdowns, testing, maintenance and security of any toilet facilities, permit or filing fees, security, removal of waste and debris, salaries of on site personnel, including project managers and superintendents, protection of work in progress or completed, guard service, temporary maintenance services, insurance, utilities and use of freight elevators or passenger elevators. Notwithstanding the foregoing, Tenant shall only be obligated to pay for such out-of-pocket costs to the extent incurred by Landlord in connection with the review of Tenant’s Plans. Landlord shall provide Tenant with reasonable documentation of such costs so as to permit Tenant to reasonably verify such costs.
5. In connection with Tenant’s Initial Alterations, Tenant shall install window treatments reasonably approved by Landlord.
Appears in 1 contract
Sources: Lease Agreement (MSCI Inc.)
Tenant’s Initial Alterations. 1. 5.4.1 Notwithstanding any other provision to the contrary contained herein, ▇▇▇▇▇▇’s initial Alterations as set forth on Exhibit C (“Tenant’s Initial Alterations”) shall be deemed approved by Landlord and the procedure set forth in this Section 5.4 shall be followed.
5.4.2 Tenant shall commence deliver to Landlord prints of permit-submission level documents and specifications (hereinafter referred to collectively as “Tenant’s—Initial Alterations Construction Documents”) for Tenant’s Initial Alterations. The Tenant’s Initial Alterations Construction Documents shall provide for interior improvements consistent with the design improvements described on Exhibit C. Within ten (10) days of the receipt by Landlord of a draft of Tenant’s Initial Alterations promptly after the Effective Date and diligently proceed Construction Documents from Tenant, Landlord shall return to complete such design and construction in accordance with the terms Tenant one (1) set of this Work Letter. All Tenant’s Initial Alterations Construction Documents marked “Approved,” “Approved as Noted” or “Disapproved as Noted, Revise and Resubmit.” If Tenant’s Initial Alterations Construction Documents are returned to Tenant marked “Approved,” Tenant’s Initial Alterations Construction Documents, as so submitted, shall be deemed approved by Landlord. If Tenant’s Initial Alterations Construction Documents are returned to Tenant marked “Approved as Noted,” the draft of Tenant’s Initial Alterations Construction Documents shall be deemed approved by Landlord; provided, however, that in preparing the final Tenant’s Initial Alterations Construction Documents, Tenant shall incorporate into Tenant’s Initial Alterations Construction Documents the items noted by Landlord. If Tenant’s Initial Alterations Construction Documents are returned to Tenant marked “Disapproved as Noted, Revise and Resubmit,” Tenant shall cause such Tenant’s Initial Alterations Construction Documents to be revised, taking into account the reasons for Landlord’s disapproval and shall resubmit revised plans to Landlord for review within ten (x10) effected in accordance with days after return of Tenant’s Initial Alterations Construction Documents to Tenant by Landlord. The same procedure shall be repeated until Landlord fully approves Tenant’s Initial Alterations Construction Documents. If Landlord fails to respond to or provide comments to Tenant on the Tenant’s Initial Alterations Construction Documents within the ten (i10) day period provided by this Section 5.4, then Landlord shall be deemed to have approved the Tenant’s Initial Alterations Construction Documents. Tenant’s Initial Alterations Construction Documents shall be consistent with, and a logical extension of, the Exhibit C approved by Landlord. Tenant shall be solely responsible for: (l) the construction schedule and approved by Landlord pursuant to Section D.1 hereof completeness of Tenant’s Initial Alterations Construction Documents; (which may be subsequently modified by 2) the conformity of Tenant)’s Initial Alterations Construction Documents with the actual conditions existing in the Premises, (ii3) the requirements compliance of this Work Letter and the LeaseTenant’s Initial Alterations Construction Documents with all applicable Laws, including, without limitation, Articles 4 and 8 thereof, and (iii) the requirements of all Governmental Authorities and (y) diligently prosecuted to completionADA. Any failure to complete When Tenant’s Initial Alterations Construction Documents are approved by Landlord and Tenant, they shall be acknowledged as such by Landlord and Tenant signing each sheet of Tenant’s Initial Alterations Construction Documents. In all circumstances, ▇▇▇▇▇▇▇▇’s approval of Tenant’s Initial Alterations Construction Documents shall be granted in Landlord’s reasonable discretion.
5.4.3 When Tenant’s Initial Alterations Construction Documents have been approved by Landlord, there shall be no material changes without Landlord’s prior written consent (each request for such a change shall be herein referred to as a “Change Request”), which consent shall not be unreasonably withheld, conditioned or delayed. Any and all costs related to such Change Requests shall be paid for by Tenant.
5.4.4 Tenant shall not be required to remove any of Tenant’s Initial Alterations at the expiration or earlier termination of the Lease.
5.4.5 Tenant acknowledges and agrees that ▇▇▇▇▇▇▇▇’s review and approval, if granted, of ▇▇▇▇▇▇’s Initial Alterations Construction Documents is solely for the benefit of Landlord and to protect the interests of Landlord in the Project and the Premises. Landlord shall not be the guarantor of, nor in any way result in a postponement or to any extent responsible for, the correctness or accuracy of Tenant’s Initial Alterations Construction Documents or of the Rent Commencement Date compliance of Tenant’s Initial Alterations Construction Documents with applicable Laws, or of the payment conformance or compatibility of Tenant’s Initial Alterations Construction Documents with the actual conditions existing in the Premises. Tenant shall require and be solely responsible for insuring that its architects, engineers and contractors from time to time verify all existing conditions in the Premises (including, without limitation, undertaking a full field verification of such conditions prior to commencing construction of Tenant’s Initial Alterations), insofar as they are relevant to, or may affect, the design and construction of Tenant’s Initial Alterations, and Landlord shall have no liability to Tenant for any rentinaccuracy or incorrectness in any of the information supplied by Landlord with regard to such conditions. Tenant shall be solely responsible for, and Landlord specifically reserves the right to require Tenant to make at any time and from time to time during the construction of Tenant’s Initial Alterations, any changes to Tenant’s Initial Alterations Construction Documents required by any governmental official.
(a) At 5.4.6 Promptly following the time that Tenant submits approval of Tenant’s construction schedule Initial Alterations Construction Documents and other information required pursuant to Section D.1 hereofthe issuance of the applicable permits (the obtaining of which permits shall be the responsibility of Tenant), Tenant shall submit commence and to Landlord (but only to the extent available at such time), for approval in accordance diligently and expeditiously proceed with the terms of Article 4 of the Lease, the name construction of the Tenant’s general contractor, Initial Alterations. Tenant shall complete the Tenant’s architectInitial Alterations in a good and workmanlike manner, in strict accordance with the approved Tenant’s engineer Initial Alterations Construction Documents and any other contractors all applicable Laws, and in a lien-free condition. Tenant wishes shall pay for Tenant’s Initial Alterations out of its own funds and without contribution from Landlord.
5.4.7 Landlord shall have the right to engage enter upon the Premises at times mutually determined by Landlord and Tenant for the purpose of monitoring and inspecting the construction and installation of Tenant’s Initial Alterations. Any such inspection by or on behalf of Landlord shall be solely for the benefit of Landlord and to work protect the interests of Landlord in the BuildingProject and the Premises, and Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the construction of Tenant’s Initial Alterations.
5.4.8 Tenant shall require that its general contractor maintain commercial general liability insurance in an amount of not less than Five Million Dollars ($5,000,000.00) on a combined single limit basis, builder’s risk insurance as required by Landlord, all workers’ compensation insurance required by law, and such other insurance coverages and in such amounts as Landlord may require from time to time. In Tenant shall require that its subcontractors maintain commercial general liability insurance in an amount of not less than One Million Dollars ($1,000,000.00) on a combined single limit basis, builder’s risk insurance as required by Landlord, all workers’ compensation insurance required by law, and such other insurance coverages and in such amounts as Landlord may require from time to time. Landlord shall be named as additional insureds on all such policies of insurance, excluding only workers’ compensation insurance policies.
5.4.9 Within forty-five (45) days following the performance completion of Tenant’s Initial Alterations, Tenant shall use only Approved Contractors and Approved Architects and Engineers. Tenant shall also provide furnish to Landlord, at least ten (10) days prior to sending out any bid packagesTenant’s sole cost and expense, a complete set of plans and specifications, together with a list of contractors or subcontractors who will be on set in electronic format reflecting the list of bidders. Landlord may reject any contractor if Landlord reasonably believes that the performance of work by such contractors shall create difficulty, strike or jurisdictional dispute with other contractors employed by Landlord, Tenant or other tenants in the Building or on any other reasonable basis. Notwithstanding the foregoing, Landlord may, if Landlord chooses, designate only one (1) contractor, subcontractor or engineer for the life safety system, elevators, fire alarm system, building management system and other proprietary technical systems; provided that the charges of such contractor, subcontractor and/or engineer shall be reasonable and competitive with the charges of contractors, subcontractors and/or engineers providing similar services to other First Class Office Buildings.
(b) Notwithstanding the foregoing paragraph (a), the approval by Landlord of such general contractor, subcontractors and/or engineers shall not be deemed to mean that Landlord has given any assurance or made any representation or guaranty with respect to, the performance by or quality of work of such construction manager, general contractor, subcontractors or engineers and Landlord shall have no responsibility for the actions, negligence, work or workmanship of such construction manager, general contractor or subcontractor(s).
3. Tenant’s Initial Alterations shall be performed in accordance with the alteration rules and regulations set forth in Exhibit C to the Lease and made a part hereof and if any item actual conditions of Tenant’s Initial Alterations is not specifically covered by said building standards, then such item shall still be of a high quality consistent with construction rules and regulations and Improvements as constructed in the general quality of said building standards and shall be under no circumstances whatsoever below the industry standards for First Class Office BuildingsPremises.
4. In connection with Tenant’s Initial Alterations, Tenant shall install window treatments reasonably approved by Landlord.
Appears in 1 contract