Example ContractsClausesBy Tenant
By Tenant
By Tenant contract clause examples

Tenant Delay – any verifiable act or omission by Tenant, or a Tenant Party that proximately results in a delay hereunder. (as reasonably documented by Landlord).

Tenant. Except to the extent caused by the negligence of Landlord or any Landlord Indemnitee (as defined below), neither Landlord nor Landlord’s members, affiliates, employees, agents, or contractors (each, a “Landlord Indemnitee”) shall be liable for and Tenant shall indemnify and save harmless Landlord and each Landlord Indemnitee from and against any and all liabilities, damages, claims, suits, costs (including costs of suit, reasonable attorneys’ fees and costs of investigation) and actions of any kind, foreseen or unforeseen, arising or alleged to arise by reason of injury to or death of any person or damage to or loss of property, occurring on, in, or about the Premises, or by reason of any other claim whatsoever of any person or party, occasioned, directly or indirectly, wholly or partly: # by any act or omission on the part of Tenant or any Tenant Representative; or # by any breach, violation or non-performance of any covenant of Tenant under this Lease. If any action or proceeding shall be brought by or against Landlord or any Landlord Indemnitee in connection with any such liability, claim, suit, cost, injury, death or damage, Tenant, on notice from Landlord or any Landlord Indemnitee, shall defend such action or proceeding, at Tenant’s expense, by or through attorneys reasonably satisfactory to Landlord or the Landlord Indemnitee. The provisions of this Section shall apply to all activities of Tenant or any Tenant Representative with respect to the Premises, whether occurring before or after execution of this Lease. Subject to Section 7(c) of this Lease, Tenant’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Tenant under this Lease. In no event shall Landlord or any Landlord Indemnitee be liable in any manner to Tenant or any Tenant Representative as the result of the acts or omissions of Tenant or a Tenant Representative and all liability therefore shall rest with Tenant. Tenant’s indemnification obligations pursuant to this Section shall survive the expiration or earlier termination of this Lease.

Tenant. Tenant shall, at Tenant’s expense, obtain and keep in force at all times the following insurance (and any other commercially reasonable form(s) of insurance Landlord may reasonably require from time to time) in the following coverage amounts, which coverage amounts Landlord may reasonably increase from time to time upon reasonable advance written notice to Tenant:

Premises:Designated as “8560 Katy Freeway, Suite 200”, [[Address A:Address]], outlined and crosshatched on Exhibit B hereof and containing approximately 9,684 square feet of Rentable Area on the 1st floor of the Building (Part Two, Article 1).

Tenant Improvements; Tenant Allowance. Tenant desires to make tenant improvements within the Existing Premises (“Tenant Improvements”). Subject to the terms and conditions of this Eighth Amendment and the Work Letter, attached hereto as Exhibit B, Landlord agrees to reimburse Tenant for the TI Costs incurred by Tenant in connection with the Tenant Improvements in an amount not to exceed $65,120.00 (“Tenant Allowance”). The “TI Costs” shall include all of the following costs: space planning and studies; architectural and engineering fees; permits, approvals and other governmental fees; construction costs, taxes, and all other costs expended or to be expended in connection with the Tenant Improvements, as applicable. Tenant may use up to $32,560.00 of the Tenant Allowance (“FF&E Maximum Amount”) for the installation of Tenant’s telecom/data, furniture, fixtures and equipment for the Premises (as that term is defined in Paragraph 2 above) and moving expenses incurred with respect to the Premises. The FF&E Maximum Amount shall be disbursed to Tenant within ten (10) days after Landlord’s receipt of Tenant’s written request for the same, which request shall be accompanied by an itemization of the costs associated with any such installation of such telecom/data, furniture, fixtures and equipment for the Premises and moving expenses incurred with respect to the Premises, together with paid receipts showing that the requested sums were spent on same.

Tenant Cooperation; Tenant Delay. Tenant shall use reasonable efforts to cooperate with Landlord, the Contractor, and Landlord’s other consultants to provide any necessary approvals relating to the Work List, obtain the Permits, and complete the Tenant Improvement Work as soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if # the Tenant Improvements include the installation of electrical connections for furniture stations to be installed by Tenant, and # any electrical or other portions of such furniture stations must be installed in order for Landlord to obtain any governmental approval required for occupancy of the Premises, then Tenant, upon five (5) business days’ notice from Landlord, shall promptly install such portions of such furniture stations in accordance with [Sections 7.2 and 7.3] of this Lease. In addition, without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this [Exhibit B], a “Tenant Delay”) as a result of # [Intentionally Omitted]; # [Intentionally Omitted]; # any failure of Tenant to timely approve any matter requiring Tenant’s approval; # any breach by Tenant of this Suite 425 Expansion Work Letter or this Agreement; # any request by Tenant for any revision to, or for Landlord’s approval of any revision to, the Work List (except to the extent that such delay results from a breach by Landlord of its obligations under [Section 2.7] above); # [Intentionally Omitted]; # [Intentionally Omitted]; or # any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 425 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Tenant Responses. Tenant shall respond, in writing, to any requests from Landlord or the Contractor for approvals, information, consents, or authorizations to proceed, within five (5) business days of Tenant’s receipt of such request. Any failure by Tenant to respond in writing to Landlord within such time period shall be deemed to be a Tenant Delay. Tenant shall have the right to hire a mutually approved Tenant Construction Representative to oversee all required construction relative to the Tenant Premises. Tenant agrees to cooperate, and to cause any Tenant Party to cooperate, with Landlord in such manner as Landlord may reasonably request in

Tenant Warranties. In consideration of Landlord’s agreement to the terms and conditions of this Agreement, Landlord relies upon Tenant’s warranty that it has reviewed its financial situation and that it currently is solvent within the meaning of 11 U.S.C. § § 547(b)(3) and 548(a)(I)(B)(ii)(I), and will remain solvent following its payment to the Landlord of the Surrender Payment. Furthermore, the Parties warrant that, in evaluating whether to execute this Agreement, they # intended that the mutual promises, covenants, and obligations set forth herein constitute a contemporaneous exchange for new value given to Tenant, within the meaning of 11 U.S.C. § 547(c)(1); and # concluded that the mutual promises, covenants, and obligations set forth herein do, in fact, constitute such a contemporaneous exchange. In addition, the Parties warrant that the mutual promises, covenants, and obligations set forth herein are intended to and do, in fact, represent a reasonably equivalent exchange of value which is not meant to hinder or delay payment to, or to defraud any entity to which Tenant was or became indebted on or after the date of this transfer, all within the meaning of 11 U.S.C. § 548(a)(l).

Tenant Changes. Subject to the provisions of Section 3.4 of this Work Letter, and following the completion of the Approved Construction Documents, Tenant may, from time to time, prior to the commencement of the respective component of the Landlord’s First Floor Expansion Premises TI Work, request a change in the Landlord’s First Floor Expansion Premises TI Work shown on the Approved Construction Documents (“Tenant Change”). Each such proposed Tenant Change shall be subject to the prior approval of Landlord, not to be unreasonably withheld or conditioned, and which approval shall be granted or denied within five (5) Business Days after delivery of such Tenant Change to Landlord. Landlord shall have no obligation to approve or perform any Tenant Change if, in Landlord’s reasonable judgment, such Tenant Change # would delay completion of the Landlord’s First Floor Expansion Premises TI Work beyond the Substantial Completion Date set forth on Attachment 2; # would materially increase the cost of performing the Landlord’s First Floor Expansion Premises TI Work so as to result in the cost of performing the Landlord’s First Floor Expansion Premises TI Work exceeding the Maximum First Floor Allowance Amount unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), # are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the

Tenant Obligations. Tenant, at Tenant’s sole cost and expense, shall # subject to Landlord’s obligations set forth in this Lease, keep the Premises in a neat and orderly condition, and # Maintain all telephone, telecommunications, data and other communication lines and equipment and vivarium spaces within the Premises and Tenant shall have the option to Maintain those areas of the Building that are Landlord’s responsibility pursuant to Section 12.2 below (except for the Building footings, foundations, structural steel columns and girders and the Building roof and exterior walls), upon 30 days’ prior written notice to Landlord. Notwithstanding the foregoing, in the event Tenant thereafter fails to Maintain those areas of the Building that Tenant elected to Maintain in accordance with the aforesaid sentence to Landlord’s reasonable satisfaction, Landlord may elect to Maintain such areas again pursuant to Section 12.2 below. In addition to the foregoing, Tenant, at its sole cost, shall be responsible for the following: security; janitorial; trash and recyclables collection services (including dumpsters). Tenant Maintenance work shall be subject to the applicable provisions of Section 13.1 of this Lease. Tenant, at Tenant’s option upon written notice to Landlord and then at Tenant’s sole cost, shall enter into a regularly scheduled preventive maintenance/service contract (“Service Contract”) with a maintenance contractor reasonably acceptable to Landlord for servicing # all heating ventilation, and air conditioning systems and equipment inside or serving the Building (collectively, the “HVAC System”) in compliance with Exhibit E attached hereto, and # all dock equipment serving the Building. If Tenant elects to maintain the Service Contract, Tenant shall deliver full and complete copies of the Service Contract to Landlord at the commencement of each Lease Year and upon demand from Landlord. All Maintenance by Tenant shall utilize materials and equipment which meet or exceed the quality of those originally used in constructing the Building and Premises. In the event Tenant fails, in the reasonable judgment of Landlord, to Maintain the Building in accordance with this Lease, which failure continues at the end of 15 days following Tenant’s

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