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Chapter 25

Form 25-29

Tenant Improvements Rider to Lease or Work Letter

Terms and Definitions

General Description of Work: [describe work]

[Architect/Engineer] Preparing Plans: [name]

[Architect/Engineer]’s Address: [address]

Contractor: [name]

Contractor’s Address: [address]

Contractor’s Insurance

Death/bodily injury:

Property/Builder’s risk:

Agreements

A.Preparation of Plans.      Within [number] days from the execution of this lease, [Landlord/Tenant] will retain the [architect/engineer] to prepare the Plans, specifications, and other material required for completing performance of the Work (the “Plans”). The Plans will be delivered immediately to [Tenant/Landlord], who has [number] days to approve the Plans or to indicate any objections to the Plans. If [Tenant/Landlord] has objections to the Plans, it will communicate them to [Landlord/Tenant] within that time. This process will be repeated until the Plans are approved by both Landlord and Tenant. The cost of preparation of the Plans will be borne as follows: [describe cost arrangement, e.g., Landlord will pay for the initial $[amount] of the cost and Tenant will pay all excess costs].

B.Performance of Work.      [Landlord/Tenant] will be responsible for retaining Contrac­tor to perform the Work. [Landlord/Tenant/Contractor] will obtain all required permits for the Work. After approval of the Plans, Contractor will be instructed to perform the Work in accor­dance with the approved Plans and all applicable laws. The cost of performance of the Work will be borne as follows: [describe cost arrangement, e.g., Landlord will pay for the initial $[amount] of the cost and Tenant will pay all excess costs].

C.Schedules

1.The parties estimate that the Plans will be approved no later than [date]. If the Plans are not approved by that date, the Commencement Date will be extended by the number of days of delay. If the Plans are not approved by [date], either party may terminate this lease by notifying the other before approval of the Plans.

2.The parties estimate that it will take [number] days to complete the Work. If the Work takes longer to perform and the delay is Tenant’s fault, the Commencement Date will be as stated in the lease and Tenant must begin paying Rent on the Commencement Date not­withstanding that the Work is not finished. If the delay is Landlord’s fault, the Commence­ment Date will be extended by the number of days of delay. As provided in paragraph B., [Landlord/Tenant] is responsible for retaining Contractor; accordingly, any delay in perfor­mance of the Work that is Contractor’s fault will be attributable to [Landlord/Tenant].

D.Changes in Work.      Any changes in the Plans or the Work after initial approval of the Plans will require approval of Landlord and Tenant. As part of such approval, the parties must agree on any required changes to the construction schedule and who will bear any increase in cost.

E.Contractor’s Insurance.      Contractor must maintain insurance reasonably satisfactory to Landlord in the amounts specified in the terms and definitions.

   
[Name of landlord]

   
[Name of tenant]