Construction; Changes. Following the approval by Landlord and Tenant of the Final Plans, Tenant shall promptly enter into a contract with Contractor for construction of the Tenant Improvements. At the earliest reasonable date thereafter, Tenant shall cause Contractor to promptly commence and diligently pursue to completion the Tenant Improvements in accordance with the Final Plans. If Tenant requests any change, addition or alteration in or to the Space Plan, or, once approved, the Final Plans, Tenant shall cause Tenants Architect to prepare additional plans implementing such change and such additional plans shall be submitted to Landlord for Landlords prior written approval. The architectural fees in connection with any such change to the Space Plans or Final Plans shall be added to the cost of the Tenant Improvements. Contractor shall comply with the then applicable Building Construction Standards, if any, and with all applicable Legal Requirements regarding the performance of the work. Following Substantial Completion (as defined herein below) of the Tenant Improvements, Tenant shall cause Contractor to complete any and all identified punch list items as soon as reasonably possible. The Tenant Improvements shall be deemed to be Substantially Completed when they have, in Landlords reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of Punch List items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenants use of the Premises for Tenants business. The definition of Substantially Completed shall also apply to the terms Substantial Completion and Substantially Complete.
Plans and Construction. Landlord and Tenant shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements.
“Tenant Improvement Lease Transaction” means a Lease of Real Property where tenant improvements are funded by either the landlord or a third-party tenant improvement lender and secured by additional rent payable treated as an operating lease.
Construction. Landlord shall cause Contractor to construct the improvements in and to the Expansion Space (the Leasehold Improvements) in accordance with and based on the Construction Drawings and Final Pricing, such work by Landlord being referred to herein as Landlord Work. All Leasehold Improvements to the Expansion Space shall be performed during customary construction work hours so as not to incur overtime charges. Landlord hereby agrees that Landlord shall deliver possession of the Expansion Space to Tenant upon Substantial Completion (as defined below) of the Leasehold Improvements in and to the Expansion Space, which is anticipated to be on or about August 1, 2015 (the Anticipated Delivery Date). All of the Leasehold Improvements shall be constructed by the Contractor in accordance with the Construction Drawings at Landlords expense, subject to paragraph D, below. Tenant acknowledges that its cooperation is crucial to Landlords completing the Leasehold Improvements to the Expansion Space by the Anticipated Delivery Date. Accordingly, Tenant covenants that whenever information or approval is requested by Landlord, the Construction Manager, as defined below, or the Contractor in connection with the build-out of the Leasehold Improvements to the Expansion Space, Tenant will use commercially reasonable efforts to respond directly to the Construction Manager within three (3) business days from Tenants receipt of Landlords request for such information or approval. Should Tenants failure to respond directly to the Construction Manager in a timely manner result in an actual delay in the Substantial Completion of the Leasehold Improvements, such delay shall be deemed a Tenant Delay (as further defined in Paragraph H. below).
Property Insurance covering # all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's property on the Premises installed by, for, or at the expense of Tenant, # the "Tenant Improvements XE "Tenant Improvements" ," as that term is defined in the Tenant Work Letter, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the " XE "Original Improvements" Original Improvements"), and # all other improvements, alterations and additions to the Premises. Such insurance shall be written on an " XE "all risks" all risks" of physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion.
Tenant Generator. If required in connection with Tenant’s operations in the Premises, Tenant shall have the right, at Tenant's sole cost and expense, to install a back-up generator and the pad upon which it is located (the "Tenant Generator") in an area of the Project to be reasonably and mutually agreed upon by Landlord and Tenant (the "Generator Area"). If the Generator Area is located in the Project parking area, then any parking spaces lost by the installation of the Tenant Generator shall be deducted from Tenant’s parking allotment under this Lease. For purposes of this Section 6.6, the "Tenant Generator" shall be deemed to include, without limitation, all associated equipment, connections and/or facilities. The installation of the Tenant Generator shall be done in accordance with the terms of Article 8, below, and all plans and specifications relating to the Tenant Generator shall be subject to the prior approval of Landlord, which shall not be unreasonably withheld. Tenant acknowledges that Landlord may require (in Landlord's sole discretion) that Tenant, at Tenant's sole cost and expense, install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's sole discretion) in order to satisfy Landlord's reasonable aesthetic requirements in connection with the area surrounding the Generator, all at Tenant's sole cost and expense. Tenant shall be responsible, at Tenant's sole cost and expense, to keep and maintain the Tenant Generator in good condition and repair and in compliance with all applicable laws. The Tenant Generator and Generator Area shall be deemed to be a part of the Premises for purposes of the insurance and indemnification provisions of this Lease, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard property insurance coverage with respect thereto. At Landlord's option, Landlord may require that Tenant remove the Tenant Generator upon the expiration or earlier termination of this Lease, and repair all damage to the Building or Project resulting from such removal, and to restore all affected areas to their condition existing prior to the installation of the Tenant Generator, all at Tenant's sole cost and expense. The foregoing obligations of Tenant shall survive the expiration or earlier termination of this Lease.
TENANT PARKING. Tenant shall have the right, without the payment of any parking charge or fee (other than as a reimbursement of operating expenses to the extent allowed pursuant to the terms or Article 4 of this Lease, above), commencing on the Lease Commencement Date, to use the amount of parking set forth in Section 9 of the Summary, in the on-site parking lot and garage which serves the Building. Tenant shall abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant's, its employees' and/or visitors' use of the parking facilities. Landlord shall designate ten (10) parking spaces near the entry of the Building as being reserved for use by visitors to the Building (including visitors of other tenants). Tenant shall have the right to use, on a first come, first served basis in common with the other tenants of the Project, the electric vehicle chargers located adjacent to the Building (the “EV Spaces”). Landlord anticipates installing at least ten (10) EV Spaces. In addition Tenant shall have the right at Tenant’s sole cost and expense, to install additional electric car chargers, subject to Landlord’s review of the specifications therefor and compliance with the terms in Article 8 above and/or Exhibit B, as applicable, in spots mutually agreed upon by Landlord and Tenant for the exclusive use of Tenant and its employees, contractors and visitors, and to mark such spaces as being reserved (which spaces shall be deducted from the number of spaces that Tenant is entitled to use under Section 9 of the Summary)(the “Tenant EV Spaces”). Any such Tenant EV Spaces and the Existing EV Spaces shall be used by Tenant in accordance with the applicable terms of this Lease, and the terms of the indemnification and insurance provisions hereof shall apply to Tenant’s use thereof. Tenant shall maintain the Tenant EV Spaces and all associated equipment in good operating order and safe condition, in compliance with all applicable laws, at Tenant’s sole cost and expense.
Tenant Access. Provided that Tenant and its agents do not interfere with Contactor’s work in the Building and the Premises (including by the use of non-union vendors without prior coordination with Landlord), Contractor and Landlord shall allow Tenant access to the Premises at least thirty (30) days prior to the Substantial Completion of the Landlord’s TI Work without payment of Rent for the purpose of Tenant installing equipment, furniture or fixtures (including Tenant’s data and telephone equipment) in the Premises and preparing the Premises for occupancy. Prior to Tenant’s entry into the Premises as permitted by the terms of this Section 6, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Premises and against injury to any persons caused by Tenant’s actions pursuant to this Section 6.
Tenant Acknowledgement. Tenant hereby acknowledges receipt of the notification in paragraph # of this Section 43 and understands that the purpose of such notification is to make Tenant and any agents, employees, and contractors of Tenant, aware of the presence of ACMs and/or PACMs within or about the Building in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs.
Tenant Representations. Tenant represents and warrants to Landlord that # Tenant is the current tenant under the Lease, # Tenant has not sublet, assigned, licensed, hypothecated, pledged, sold or otherwise transferred or conveyed any interest in the Lease or the Demised Premises to any other party, and no party other than Tenant has any tenancy interest whatsoever in the Lease or the Demised Premises (or any portion thereof), # no third party consent is required for the execution and performance of this Agreement by Tenant, # to Tenant’s actual knowledge, on the effective date hereof, Landlord is not in default under the Lease and Tenant has no claims against Landlord, nor is Tenant entitled to any concession, rebate, allowance or free rent (except as set forth in this Agreement), # there is no leasehold mortgage affecting the Lease or the Demised Premises, # Tenant has the full right and authority to enter into this Agreement and the transactions contemplated herein and the person signing this Agreement and any other document or instrument contemplated hereby on behalf of Tenant is duly authorized to do so, # this Agreement and all other documents to be executed by Tenant in connection herewith are legal, valid, and binding obligations of Tenant and are enforceable against Tenant in accordance with their respective terms, and # to Tenant’s actual knowledge, there are no mechanic’s, materialmen’s or other liens created by Tenant or anyone claiming by, through or under Tenant affecting the Demised Premises or the land or improvements of which the Demised Premises are a part. Tenant acknowledges that Landlord is relying on the foregoing representations and warranties in entering into this Agreement and that such representations shall survive the termination of the Lease.
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