Approval of the Construction Budget. After approval of the Construction Plans by Landlord and Tenant as provided above, Landlord shall prepare the Construction Budget for the Construction Costs and shall deliver a copy of such Construction Budget to Tenant. The Construction Budget shall not be subject to the prior written approval of Tenant, unless the estimated Construction Costs exceed the amount of Landlord’s Allowance. If the Construction Budget reflects Construction Costs in excess of Landlord’s Allowance, it shall be subject to Tenant’s review and approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall notify Landlord in writing within five (5) days after receipt of the Construction Budget that (a) Tenant approves the Construction Budget, or (b) that Tenant disapproves of the Construction Budget because it varies from the Construction Plans or contains details or items not specifically addressed in the Construction Plans. The failure of Tenant to provide such written notice within said five (5) day period shall be deemed an approval by Tenant.
Appears in 4 contracts
Samples: Lease, Office Lease, Lease (Puma Biotechnology, Inc.)
Approval of the Construction Budget. After approval of the Construction Plans by Landlord and Tenant as provided above, Landlord shall prepare the Construction Budget for the Construction Costs and shall deliver a copy of such Construction Budget to Tenantas soon as is commercially reasonable. The Construction Budget shall not be subject to the prior written approval of Tenant, unless the estimated Construction Costs exceed the amount of Landlord’s 's Allowance. If the Construction Budget reflects Construction Costs in excess of Landlord’s 's Allowance, it Landlord shall be subject deliver a copy of such Construction Budget to Tenant’s Tenant for its review and approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall notify Landlord in writing within five (5) days after receipt of the Construction Budget that (a) Tenant approves the Construction Budget, or (b) that Tenant disapproves of the Construction Budget because it varies from the Construction Plans or contains details or items specific costs not specifically addressed in contained within the meaning of Construction PlansCosts. Such disapproval shall constitute a Tenant Delay. The failure of Tenant to provide such written notice within said five (5) day period shall be deemed an approval by Tenant.
Appears in 2 contracts
Samples: Lease (New Focus Inc), Acceptance Agreement (Bookham, Inc.)
Approval of the Construction Budget. After approval of the Construction Plans by Landlord and Tenant as provided above, Landlord shall prepare the Construction Budget for the Construction Costs and shall deliver a copy of such Construction Budget to TenantCosts. The Construction Budget shall not be subject to the prior written approval of Tenant, unless the estimated Construction Costs exceed the amount of Landlord’s Allowance. If the Construction Budget reflects Construction Costs in excess of Landlord’s Allowance, it Landlord shall be subject deliver a copy of such Construction Budget to Tenant’s Tenant for its review and approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall notify Landlord in writing within five (5) days after receipt of the Construction Budget that (a) Tenant approves the Construction Budget, or (b) that Tenant disapproves of the Construction Budget because it varies from the Construction Plans or contains details or items specific costs not specifically addressed in contained within the meaning of Construction PlansCosts. Such disapproval shall constitute a Tenant Delay. The failure of Tenant to provide such written notice within said five (5) day period shall be deemed an approval by Tenant.
Appears in 2 contracts
Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)