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Tenants should request the right to have early access to the premises (i.e., 15 business days prior to the lease commencement date at no charge for the purpose of installing wiring, cabling and servers, and possibly workstations and furniture) as early as the first draft of a letter of intent.
The majority of leases do not address the minimum temperature that must be maintained by the building owner in the winter and maximum temperature a space can be during the summer.
In a landlord’s ideal world, its landlord’s work LOI provision should merely state: “Tenant accepts the premises ‘as-is’.” By doing so, the inclusion of “as-is” language within its initial lease draft will generally (a) relieve the landlord of any liability as to the condition of the premises, and (b) allow the landlord to avoid providing the tenant with any representations or warranties as to the quality and condition of the then existing improvements within the space.
Tenant advocates should provide language in the LOI requiring the tenant to reimburse the landlord for all of the landlord’s costs and expenses incurred in reviewing tenant’s plans and for additional costs that landlord may incur as a consequence of tenant changing its plans after landlord’s initial review.
For landlord advocates, it is imperative that the landlord retain control over the look, feel, and design of a tenant’s signage.
A landlord should not be concerned as to whether or not the lease requires tenant to obtain the necessary licenses and permits required for any signage that tenant installs.