to Avid Technology, Inc.
and may not be assigned except in accordance with Section 6.2.1.
ARTICLE 3
Improvements
3.1
Base Building Condition; Tenant Improvement
Work.
A. Landlord shall , at its sole cost, insure that all restrooms and
access/egress ways are in compliance with applicable building codes, including
those requiring removal of architectural barriers to disabled persons (all of
the foregoing is called, the "Base Building Work").
All Landlord's Base
Building Work shall be done in a good and workmanlike manner employing building
standard materials and finishes.
B.
LANDLORD SHALL CAUSE TO BE PERFORMED THE ALTERATIONS AND
IMPROVEMENTS DESIRED BY TENANT TO PREPARE THE PREMISES FOR TENANT'S USE (THE
"TIW") SUBSTANTIALLY IN ACCORDANCE WITH THE SCHEMATIC DESIGN PLANS ATTACHED
HERETO AS EXHIBIT C AND PURSUANT TO THE FINAL PLANS.
LANDLORD SHALL ALSO CAUSE
A LOADING DOCK TO BE CONSTRUCTED AS PART OF THE TIW, SUBSTANTIALLY IN ACCORDANCE
WITH THE PRELIMINARY PLAN ATTACHED HERETO AS EXHIBIT C-1 AND THE FINAL PLANS.
THE TIW WILL BE PERFORMED AT LANDLORD'S EXPENSE UP TO THE TI ALLOWANCE AND
SUBJECT TO PAYMENT BY TENANT OF THE TENANT'S SHARE (DEFINED IN SECTION 3.4). THE
TI ALLOWANCE MAY BE APPLIED AT TENANT'S DISCRETION TOWARD ARCHITECTURAL AND
ENGINEERING FEES, THE CONSTRUCTION MANAGEMENT FEE TO NORDBLOM DEVELOPMENT
COMPANY (REFERRED TO BELOW), CONSULTING FEES, HARD CONSTRUCTION COSTS,
AIR-CONDITIONING AND SPECIAL ELECTRICAL POWER DISTRIBUTION, TELEPHONE AND
SECURITY SYSTEMS AND THE COST OF FURNITURE, FIXTURES OR EQUIPMENT.
ALL BASE
BUILDING WORK AND THE TIW (COLLECTIVELY, THE "LANDLORD'S WORK") SHALL BE DONE IN
A GOOD AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH ALL APPLICABLE BUILDING
LAWS.
TENANT AGREES THAT LANDLORD MAY MAKE ANY NON-MATERIAL CHANGES IN THE
LANDLORD'S WORK WHICH MAY BECOME REASONABLY NECESSARY OR ADVISABLE TO
ACCOMMODATE FIELD CONDITIONS OR TO SUBSTITUTE MATERIALS OF EQUAL OR BETTER
QUALITY TO MEET AVAILABILITY SCHEDULES, WITHOUT APPROVAL OF TENANT, PROVIDED
WRITTEN NOTICE IS PROMPTLY GIVEN TO TENANT; AND LANDLORD MAY MAKE OTHER CHANGES
IN SUCH WORK REASONABLY NECESSARY TO ACCOMMODATE UNFORESEEN CONDITIONS, WITH THE
WRITTEN APPROVAL OF TENANT, WHICH SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED.
LANDLORD SHALL USE DILIGENCE TO CAUSE LANDLORD'S WORK TO BE
SUBSTANTIALLY COMPLETED BY THE TARGET COMMENCEMENT DATE, SUBJECT TO FORCE
MAJEURE EVENTS (DEFINED IN SECTION 10.5 HEREOF) AND ANY TENANT DELAY (DEFINED
BELOW).
TENANT SHALL BE REQUIRED TO PAY TO NORDBLOM DEVELOPMENT COMPANY A
PROJECT MANAGEMENT FEE EQUAL TO 1.5% OF THE TOTAL CONSTRUCTION COST OF THE TIW,
EXCLUDING PROJECT MANAGEMENT COSTS, COSTS FOR ARCHITECTURAL AND ENGINEERING
FEES, MOVING COSTS AND TELECOMMUNICATIONS WIRING AND CABLING COSTS.
8
C.
THE PHRASE, "TENANT DELAY", SHALL BE DEFINED AS ANY DELAY IN THE
COMPLETION OF LANDLORD'S WORK ACTUALLY CAUSED BY (I) SPECIAL WORK, UPGRADES OR
LONG LEAD-TIME ITEMS FOR WHICH LANDLORD IDENTIFIES A SPECIFIED PERIOD OF DELAY,
AND IN EITHER INSTANCE TENANT DOES NOT WITHDRAW OR ALTER SUCH SPECIAL WORK,
UPGRADE, LONG LEAD-TIME ITEM WHICH AVOIDS SUCH DELAY, (II) ANY CHANGES TO ANY
PLANS, INCLUDING THE FINAL PLANS, MADE BY TENANT, OR ANY TENANT'S CHANGE ORDER,
IN ANY CASE FOR WHICH