Common use of Alterations and Approval Clause in Contracts

Alterations and Approval. Promptly after delivery of the Premises and before commencement of Tenant’s Work, Tenant shall deliver to Landlord plans and specifications (the “Design Plans”) showing Tenant’s Work, for Landlord’s approval and consent, which shall not be unreasonably withheld or delayed, except that Landlord reserves the right to withhold consent in Landlord’s sole discretion for Tenant’s Work affecting the structure, roof, safety, efficiency, or security of the Building, the Building systems (“Systems”) and equipment (“Equipment”) which affect the Premises and other space in the Building, or the appearance of the Premises from any Common Areas. The Design Plans shall comply with the requirements of the Building Standards and Operational Manual (the “Manual”) and shall include all improvements contemplated under this Article 9, including, without limitation, demising walls, generators, antennae or satellite or microwave dishes, HVAC, conduits, cabling, fiber optics, and all matters which Landlord is entitled to approve. At the time Tenant submits the Design Plans to Landlord, Tenant shall provide Landlord with notice of whether Tenant’s Work will involve or affect any Hazardous Materials, whether such materials are customary and usual based on standard industry practices, and all other reasonable details relating thereto. Landlord will promptly review the Design Plans and any changes thereto, making reasonable efforts to complete Landlord’s review within five business days after Landlord’s receipt of the initial Design Plans, and will give Tenant notice of Landlord’s reasonable objections thereto, if any. Within five days after receipt by Tenant of Landlord’s objections to the Design Plans (including omissions therefrom) Tenant shall revise and resubmit the Design Plans for Landlord’s review. The final Design Plans approved by Tenant and Landlord are the “Final Plans”, Tenant shall compensate Landlord at the normal hourly rate as set forth in Exhibit F for review of the Design Plans and supervision of Tenant’s Work.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Lease (Go Daddy Group, Inc.)

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Alterations and Approval. Promptly after After delivery of the Premises and before commencement of Tenant’s WorkPremises, Tenant shall deliver commence construction of Tenant's Work, at Tenant's sole cost and expense, by delivering to Landlord plans and specifications (the "Design Plans") showing Tenant’s 's Work, for Landlord’s 's approval and consent, which shall not be unreasonably withheld withheld, conditioned or delayed, except that Landlord reserves the right to withhold consent in Landlord’s 's sole discretion for Tenant’s 's Work adversely affecting the structure, roof, safety, efficiency, or security of the BuildingBuilding in which the Premises is located, the Building systems ("Systems") and equipment ("Equipment") which affect the Premises and other space in the Building, or the appearance of the Premises from any Common Areascommon or public areas. The To the extent of Tenant's initial Work, the Design Plans shall comply with the requirements of the Building Standards and Operational Manual (the “Manual”) and shall include all improvements contemplated under this Article 98, including, without limitation, demising walls, generators, antennae or satellite or microwave dishes, HVAC, conduits, cabling, fiber fibre optics, and all other matters which Landlord is entitled to approve. At the time Tenant submits the Design Plans to Landlord, Tenant shall provide Landlord with notice of whether Tenant’s 's Work will involve or affect any Hazardous Materials, whether such materials are customary and usual based on standard industry practices, and all other reasonable details relating thereto. Landlord will promptly review the Design Plans and any changes theretothereto as well as any plans and specifications for other alterations to be performed by Tenant during the Term (the "Other Plans"), making reasonable efforts to complete Landlord’s 's review within five (5) business days after Landlord’s 's receipt of the initial Design Plans or the Other Plans, and will give Tenant notice of detailing Landlord’s 's reasonable objections thereto, if any. If Landlord has not given notice to Tenant within the five (5) business day period provided that Landlord approves or objects to the Design Plans or Other Plans, then Tenant may give notice to Landlord and if Landlord does not respond to the Design Plans or Other Plans with objections or approval within three (3) business days thereafter, Landlord will be deemed to have approved the Design Plans or Other Plans. Within five ten (10) business days after receipt by Tenant of Landlord’s 's objections to the Design Plans or Other Plans (including omissions therefrom) Tenant shall revise and resubmit the Design Plans or Other Plans for Landlord’s 's review. If, notwithstanding diligent, good faith efforts on the part of the parties to arrive at mutually acceptable Design Plans, the parties are unable to do so on or before the date which is 30 days after the date on which the Design Plans are submitted by Tenant to Landlord, then either party may terminate this Lease by notice to the other. The final Design Plans approved by Tenant and Landlord are the "Final Plans". Landlord shall, in the notice given to Tenant approving the Final Plans or any Other Plans, notify Tenant which of the improvements, fixtures and equipment must be removed at the end of the Term, which of the improvements, fixtures and equipment may (but do not have to) be removed at the end of the Term, and which of the improvements, fixtures and equipment shall not be removed at the end of the Term. In any event, notwithstanding the foregoing, Tenant shall compensate Landlord have the right to elect not to remove conduit, cabling, piping, electrical conductors or standard office improvements, and Tenant shall have the right to remove any or all of its equipment, including, without limitation, generators, HVAC, batteries, and UPS systems, at any time during the normal hourly rate as set forth in Exhibit F for review of the Design Plans and supervision of Tenant’s WorkTerm.

Appears in 1 contract

Samples: Lease (Inflow Inc)

Alterations and Approval. Promptly after delivery of the Premises and before commencement of Tenant’s Work, Tenant shall deliver to Landlord plans and specifications (the “Design Plans”) showing Tenant’s Work, for Landlord’s approval and consent, which shall not be unreasonably withheld or delayed, except that Landlord reserves the right to withhold consent in Landlord’s sole discretion for Tenant’s Work affecting the structure, roof, safety, efficiency, or security of the Building, the Building systems (“Systems”) and equipment (“Equipment”) which affect the Premises and other space in the Building, or the appearance of the Premises from any Common Areas. The Design Plans shall comply with the requirements of the Building Standards and Operational Manual (the “Manual”) and shall include all improvements contemplated under this Article 9, including, without limitation, demising walls, generators, antennae or satellite or microwave dishes, HVAC, conduits, cabling, fiber optics, and all matters which Landlord is entitled to approve. At the time Tenant submits the Design Plans to Landlord, Tenant shall provide Landlord with notice of whether Tenant’s Work will involve or affect any Hazardous Materials, whether such materials are customary and usual based on standard industry practices, and all other reasonable details relating thereto. Landlord will promptly review the Design Plans and any changes thereto, making reasonable efforts to complete Landlord’s review within five business days after Landlord’s receipt of the initial Design Plans, and will give Tenant notice of Landlord’s reasonable objections thereto, if any. Within five days after receipt by Tenant of Landlord’s objections to the Design Plans (including omissions therefrom) Tenant shall revise and resubmit the Design Plans for Landlord’s review. The final Design Plans approved by Tenant and Landlord are the “Final Plans”, Tenant shall compensate Landlord at the normal hourly rate as set forth in Exhibit F for review of the Design Plans and supervision of Tenant’s Work.. 9.4 Landlord’s Review. Neither review nor approval by Landlord of the Design Plans or Final Plans shall constitute a representation or warranty by Landlord that any of the Plans either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance. Further, it is understood and agreed that any and all inspections of the Tenant’s Work made by Landlord, its consultant or their respective agents, employees and/or designees shall be solely for Landlord’s own information and shall not be

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Alterations and Approval. Promptly after delivery Before commencement any of the Premises and before commencement of TenantCustomer’s Work, Tenant Customer shall deliver to Landlord Lessor Customer’s designated contractors, plans and specifications (the “Design Plans”) showing TenantCustomer’s Work, for LandlordLessor’s approval and consent, which shall not be unreasonably withheld or delayed, except that Landlord Lessor reserves the right to withhold consent in LandlordLessor’s sole discretion for TenantCustomer’s Work affecting the structure, roof, safety, efficiency, or security of the BuildingData Center, the Building Data Center systems (“Systems”) and equipment (“Equipment”) which affect the Premises Customer Area and other space in the BuildingData Center, or the appearance of the Premises Customer Area from any Common Areascommon or public areas. The Design Plans shall comply with the requirements of the Building Standards Rules and Operational Manual (the “Manual”) Regulations and shall include all improvements contemplated under this Article 9, including, without limitation, demising walls, generators, antennae any applicable building standards or satellite or microwave dishes, HVAC, conduits, cabling, fiber optics, and all matters which Landlord is entitled to approveoperational manual. At the time Tenant Customer submits the Design Plans to LandlordLessor, Tenant Customer shall provide Landlord Lessor with notice of whether TenantCustomer’s Work will involve or affect any Hazardous Materials, whether such materials are customary and usual based on standard industry practices, and all other reasonable details relating thereto. Landlord Lessor will promptly review the Design Plans and any changes thereto, making reasonable efforts to complete LandlordLessor’s review within five (5) business days after LandlordLessor’s receipt of the initial Design Plans, and will give Tenant Customer notice of LandlordLessor’s reasonable objections thereto, if any. Within five (5) days after receipt by Tenant Customer of LandlordLessor’s objections to the Design Plans (including omissions therefrom) Tenant Customer shall revise and resubmit the Design Plans for LandlordLessor’s review. The final Design Plans approved by Tenant Customer and Landlord Lessor are the “Final Plans”. Any part of Customer’s Work, Tenant shall compensate Landlord including signs, but not including movable furniture, Customer’s equipment and trade fixtures, shall, at Lessor’s option, at the normal hourly rate as set forth in Exhibit F for review termination or expiration of this Lease or of Customer’s right to possession, become a part of the Design Plans realty and supervision belong to Lessor. Neither review nor approval by Lessor of Tenant’s Workany item submitted by Customer shall constitute a representation or warranty by Lessor that any such item is complete or suitable for its intended purpose or in compliance with Law, it being expressly agreed by Customer that Lessor assumes no responsibility or liability therefor.

Appears in 1 contract

Samples: Lease and Master Services Agreement (Newtek Business Services Inc)

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