Fill and Sign the 02 Example 2 Provision Dealing with Concurrent Work by Landlord and Tenant Form

5.02 Example 2: Provision Dealing with Concurrent Work By Landlord and Tenant in the Premises 5.02. (a) Landlord's Work shall be performed, furnished, installed, and provided by or through contractors, suppliers and a construction manager selected by Landlord. (b) Tenant's Work shall be performed in accordance with the provisions of this Lease. Tenant's Work shall comply with the Americans With Disabilities Act (the "ADA"). Tenant shall also cause its contractors to cooperate with Landlord's contractor to minimize disruption to Landlord's Work and to avoid delaying the performance of Landlord's Work. In the performance of Landlord's and Tenant's Work, respectively, each party shall make all reasonable efforts to employ only such labor as well not result in jurisdictional disputes or strikes or cause disharmony with the other party's contractors and subcontractors, and with respect to Tenant's labor only, with other workers employed at the Building. Tenant further agrees: (i) that any of Tenant's Work which delays Landlord's performance of Landlord's Work shall be deemed a "Tenant Delay" as defined in paragraph 5.03 below: (ii) Tenant shall be responsible for any damage to, or replacement of, the materials, systems and equipment installed by Landlord as part of Landlord's Work arising out of or relating to the performance of, or the connection into, items of Tenant's Work; (iii) Landlord shall have no obligation with respect to the installation, performance, completion, ongoing maintenance, repair of operation of any item of Tenant's Work or any item of Landlord's Work materially impacted by Tenant's Work; (iv) in connection with the performance of Tenant's Work, Tenant shall, at Tenant's expense, remove all waste material and debris from the Demised Premises; (v) prior to July 15, 1995, Landlord reserves the right to deny Tenant or its contractor access to the Demised Premises and/or to request Tenant to withdraw therefrom and cease all work being performed by it or on its behalf by any person, firm or corporation other than Landlord, if Landlord shall, in its sole judgment, to be exercised in good faith, determine that the commencement and/or the continuance of Tenant's Work shall interfere with, hamper or prevent Landlord from proceeding with the completion of Landlord's Work; and (vi) if Tenant or Tenant's contractor shall enter upon the Demised Premises or any other part of the Building, as may be above permitted by Landlord, Tenant agrees to indemnity and save Landlord, its employees and agents harmless from and against any and all loss, liability, damage, cost and expense, including without limitation, attorney's fees, arising from or claimed to arise from (A) any act, neglect or failure to act of Tenant or anyone entering the Demised Premises or Building with Tenant's permission, (B) the performance of Tenant's Work, or (C) any other reason whatsoever arising out of said entry upon the Demised Premises or Building. (c) Landlord shall cause its contractors to cooperate with Tenant's contractor to minimize disruption to Tenant's Work, and to avoid delaying the performance of Tenant's Work. Landlord further agrees: (i) that any Landlord's Work which delays Tenant's performance of Tenant's Work shall be deemed a "Landlord Delay" as defined in paragraph 5.03 below; (ii) Landlord shall be responsible for any damage to or replacement of, the materials, systems and equipment installed by Tenant as part of Tenant's Work arising out of or relating to the performance of, or the connection into, items of Landlord's Work; (iii) Tenant shall have no obligation with respect to the installation, performance, completion, ongoing maintenance, repair or operation of any item of Landlord's Work or any items of Tenant's Work materially impacted by Landlord's Work; (iv) in connection with the performance of Landlord's Work, Landlord shall, at Landlord's expense, remove all waste material and debris from the Demised Premises; and (v) if Landlord or Landlord's contractor shall enter upon the Demised Premises, Landlord agrees to indemnify and save Tenant, its employees and agents harmless from and against any and all loss, liability, damage, cost and expense, including without limitation, attorney's fees, arising from or claimed to arise from (A) any negligent act or omission of Landlord or anyone entering the Demised Premises with Landlord's permission, or (B) the performance of Landlord's Work. 5.03. (a) If Landlord shall be delayed in substantially completing Landlord's Work as a result of any act, neglect, failure or omission of Tenant, its agents, servants, employees, contractors, or subcontractors, including, without limitation, any of the following, such delay shall be deemed a "Tenant Delay". (i) Tenant's failure to timely furnish item (vi) of the Initial Drawings in accordance with paragraph 1 hereof; or (ii) Tenant's changes in drawings, plans or specifications submitted to or prepared by Landlord (including any "Revisions" (as hereinafter defined); or (iii) the performance of work by a person, firm or corporation employed by Tenant and delays in the completion of the said work by said person, firm or corporation. (b) If Landlord shall be delayed in substantially completing Landlord's Work as a result of any Tenant's Delay, then Tenant agrees that substantial completion of Landlord's Work shall be deemed to have occurred on the date on which substantial completion of Landlord's Work would have occurred had not the substantial completion of Landlord's Work been so delayed. Tenant shall pay to Landlord a sum equal to any additional cost to Landlord in completing Landlord's Work resulting from any Tenant Delay. Such sums shall be paid to Landlord within five (5) Business Days after Landlord bills Tenant therefor. Such costs shall be collectible in the same manner as Additional Rent whether or not the term of this Lease shall have commenced, and if in default of payment thereof, Landlord shall (in additional to all other remedies) have the same rights as in the event of default of payment of rent.(c) If Tenant shall be delayed in substantially completing Tenant's Work as a result of any act, neglect, failure or omission of Landlord, its agents, servants, employees, contractors, or subcontractors, including, without limitation, the following, such delay shall be deemed a "Landlord Delay": the performance of work by a person, firm or corporation employed by Landlord during the performance of Tenant's Work. The parties hereto expressly acknowledge that, for purposes of Section 3.01(b) of this Lease, the failure of Landlord to substantially complete Landlord's Work in accordance with the time schedule annexed as Exhibit 2 to Schedule D shall not be deemed to be a Landlord Delay, in order to avoid any double counting of days in the postponement, if any, of the February 1, 1996 date set forth in Section 3.01(a).