Laserfiche WebLink
B-4 <br /> <br />(d) To the extent the Cost Proposal exceeds the Tenant Allowance, then within ten <br />(10) days of final approval of the Cost Proposal, Tenant shall deliver to Landlord by wire transfer <br />of immediately available funds the amount of such excess and a Construction Management Fee <br />(the “Over-Allowance Amount”). Landlord shall hold the Over-Allowance Amount and apply <br />the same to costs and expenses in connection with the Building Addition Work, including draw <br />requests from Contractor and the Construction Management Fee, at such time as the Tenant <br />Allowance has been exhausted. In the event Force Majeure, Tenant Delay, the items listed in <br />subsection (e) below or other unanticipated matters arise that result in costs of the Building <br />Addition Work exceeding the Tenant Allowance and amounts previously deposited by Tenant for <br />initial calculations of the Over-Allowance Amount, Tenant shall pay such additional amounts to <br />Landlord within ten (10) days following receipt of an invoice therefor. Change Orders are dealt <br />with in Section 6 below. <br />(e) Tenant acknowledges that the Tenant Allowance does not account for the <br />following items which, if necessary, required or requested by Tenant, will require additional <br />amounts be included in the Over-Allowance Amount: (i) winter conditions; (ii) equipment wiring <br />work for installation of furniture, fixtures or equipment, (iii) soil correction work and/or <br />remediation of hazardous materials, (iv) warehousing exhaust systems, and (v) exterior signage. <br />5. Performance of the Building Addition Work. <br />(a) Subject to Force Majeure, Tenant Delay and provided there is no Event of <br />Default under the Lease by Tenant: <br />(i) Landlord shall cause the Contractor to obtain all applicable building <br />permits for construction of the Building Addition Work (collectively, the “Permits”), <br />and to perform the Building Addition Work; <br />(ii) Landlord shall ensure the Building Addition Work is performed in in a <br />good and workmanlike manner and in compliance with the Permits and all Applicable <br />Laws in effect at the time of construction; <br />(iii) Landlord shall use commercially reasonable efforts to cause the Building <br />Addition Work to be Substantially Completed on or before the later of (i) October 1, <br />2021, or (ii) 180 days after receipt of all permits and approvals required from the City of <br />Elk River to commence construction. <br />(b) If any local governmental agency requires revisions to the Final Plans, Tenant <br />shall be deemed to have approved any adjustments to the Final Plans and the Cost Proposal <br />resulting therefrom. <br />(c) Except as provided in Section 8 below, Tenant shall not have access to the area <br />of the Premises on which Building Addition Work is being completed. Tenant acknowledges that <br />the Building Addition Work may from time to time disrupt certain operations in the remainder of <br />the Premises, may cause noise, vibrations, smells and other interference, may require temporary <br />relocation of equipment, fixtures and personal property, and may require a reduction in or <br />temporary closure of parking areas and access drives. Tenant acknowledges that the Building <br />Addition Work requires relocating the precast end wall located on the Eastern side of the Original <br />Building, building a temporary wall separating the Original Building from the Building Addition, <br />and then demolishing and removing said temporary wall. Landlord shall use reasonable efforts to <br />minimize any such disruption, interference, limitation or closure or to communicate the schedule