Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as architect ("Landlord's Architect") to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below. (b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord. (c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant Improvements, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
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Samples: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)
Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as an architect ("Landlord's Architect") and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below.
(b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheldwithheld or delayed. Tenant will finally approve the revised Working Drawings within three two business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord.
(c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Improvements, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant ImprovementsImprovements and delivery of the Additional Space, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
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Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as an architect ("“Landlord's ’s Architect"”) and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "“Working Drawings"”), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph Section 5 below.
(b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's ’s approval. Tenant will provide written approval of the Working Drawings within five business (5) days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect ’s Architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's ’s approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business two (2) days after submission thereof to Tenant. If Tenant's ’s instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord.
(c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph Section 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Improvements, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's ’s completion of the Tenant ImprovementsImprovements and delivery of the Premises, and (C) any such delay shall be deemed a Tenant Tenant’s Delay (as defined below).
(d) Upon Tenant’s approval of the Working Drawings, Landlord shall be authorized to cause the Contractor to proceed with the construction of the Tenant Improvements in accordance with the Working Drawings, and submit such drawings to the City of Carlsbad for issuance of building permits.
(e) The Working Drawings, together with any changes required by the City of Carlsbad and approved for building permits for the Tenant Improvements shall be the “Approved Plans”. Lease – Design Therapeutics, Inc. B-1 Work Letter
Appears in 1 contract
Samples: Lease (Design Therapeutics, Inc.)
Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as architect ("Landlord's Architect") to Architect shall prepare all complete and coordinated architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements tImprovements in conformance with the base building Schedules 1, 2 and tenant improvement standard specifications of the Building 3 attached to this Work Letter (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 Paragraph 8 below.
(b) Landlord Landlord's Architect shall submit the completed and coordinated Working Drawings to Tenant for and Tenant's Architect for approval. Tenant and Tenant's Architect will provide written approval or disapproval of the Working Drawings within five (5) business days after such submission. If Tenant or Tenant's Architect disapproves any part of the submission, the disapproval shall include written instructions adequate for the Landlord's architect and engineers Architect to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings Landlord's failure to respond to request for approval within three five business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) following delivery shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlorddeemed approval.
(c) If Tenant or Tenant's Architect fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b5(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Improvements, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant ImprovementsImprovements and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
(d) Upon each exercise of Tenant's option to lease all or any portion of the Expansion Space, the parties will follow a similar procedure to obtain approval of the working drawings for the Designated Portion of the Expansion Space.
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Approval of Working Drawings. (a) Landlord After approval of the Design Development Plans and Tenant acknowledge that Landlord selection of the Contractor, the Architect shall retain Habitec as architect ("Landlord's Architect") to prepare all complete and coordinated architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building such Space Plans (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 Paragraph 8 below.
(b) Landlord shall submit the completed and coordinated Working Drawings to Tenant for Tenant's approval. Tenant will provide written approval of the Working Drawings within five (5) business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers the Architect to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three five (5) business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning DocumentsDesign Development Plans, or (ii) a change of scope relative to the Space Planning DocumentsPlans, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord.
(c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b5(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Improvements, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant ImprovementsImprovements and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
Appears in 1 contract
Samples: Lease (Juniper Networks Inc)
Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord Tenant shall retain Habitec as an architect ("Landlord's Architect") and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "“Working Drawings"”), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below)changes, if any, requested or required pursuant to paragraph 5 belowrequired.
(b) Landlord Tenant shall submit the completed Working Drawings to Tenant Landlord for Tenant's approvalLandlord’s approval within ___ days following the parties’ execution of the Lease. Tenant Landlord will provide written approval of the Working Drawings within five (5) business days after such submission. If Tenant Landlord disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's Tenant’s architect and engineers to revise the Working Drawings. Such revisions shall be subject resubmitted to Landlord for Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings ’s approval within three ten (10) business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by following Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord’s disapproval.
(c) If Tenant fails to approve submit the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant shall be responsible for any resulting delay, and the cost of such delay.
(d) Upon Landlord’s approval of the Working Drawings, in Landlord's completion Tenant shall be authorized to cause the Contractor to proceed with the construction of the Tenant Improvements, and (C) any such delay shall be deemed a Tenant Delay (as defined below)Improvements in accordance with the Working Drawings.
Appears in 1 contract
Samples: Lease Agreement (Silicon Image Inc)
Approval of Working Drawings. Within seven (a7) business days after the initial proposed Working Drawings are delivered to Tenant, Tenant shall approve or disapprove same in writing and if disapproved, Tenant shall provide the Architect specific reasons for disapproval; provided that Tenant shall respond within five (5) business days after receipt of any revised Working Drawings. The foregoing process shall continue until the Working Drawings are approved by Landlord and Tenant; provided that if Tenant acknowledge fails to respond in the initial seven (7) business day period or any subsequent five (5) business day period, Tenant shall be deemed to have approved the last submitted Working Drawings. For purposes of approval of any items required by this Work Letter, the item will be considered delivered to Landlord or Tenant upon delivery to any of the individuals listed on EXHIBIT M for Tenant, Landlord or the Architects, respectively. All deliveries required under this Work Letter shall be deemed delivered when sent by any method of delivery (including email and facsimile) for which receipt is either confirmed by the applicable party or by the delivery service (including electronic verification if confirmed by telephone contact with the recipients). Landlord is solely responsible for determining that the Working Drawings comply with all applicable building, fire, plumbing, electrical, health, and sanitary codes, regulations, laws, ordinances, rules and regulations of any applicable governmental authority. In order to expedite the construction schedule, Landlord may submit Working Drawings to Tenant separately for the Warehouse Premises, the computer room, the Office Premises, the Shipping Premises and the Maintenance Area and for any other areas for which separate Working Drawings are prepared by Architect. Each set of Working Drawings shall be subject to the foregoing procedure for the review and approval of same. Landlord shall retain Habitec as architect ("Landlord's Architect") to prepare be responsible for verification that all architectural plans and specifications and shall retain engineers to prepare such separate Working Drawings together represent all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below.
(b) Landlord shall submit the completed Working Drawings to Tenant for contemplated by Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by LandlordPlan.
(c) If Tenant fails to approve the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant Improvements, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
Appears in 1 contract
Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as an architect ("Landlord's Architect") and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements in conformance with the base building and tenant improvement standard specifications of the Building (the "Working Drawings"), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph 5 below.
(b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's approval. Tenant will provide written approval of the Working Drawings within five business days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business two days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not substantially conform with the Space Planning Documents, or (ii) a substantial change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord.
(c) If Tenant fails to approve the Working Drawings or the required revised Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Improvements, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Tenant ImprovementsImprovements and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below).
(d) Upon Tenant's approval of the Working Drawings, Landlord shall be authorized to cause the Contractor to proceed with the construction of the Tenant Improvements in accordance with the Working Drawings.
Appears in 1 contract
Samples: Lease Agreement (Webex Inc)
Approval of Working Drawings. (a) Landlord 3.1 Sublandlord and Tenant Subtenant acknowledge that Landlord Subtenant shall retain Habitec as architect ("Landlord's Architect") an Architect and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements Greenhouse in conformance with the base building and tenant improvement standard specifications of the Building Master Landlord (the "“Working Drawings"”), which Working Drawings shall be delivered to Tenant no later than September 15, 1998if any, and to prepare drawings and specifications for Changes (as defined below)changes, if any, requested or required pursuant to paragraph 5 belowrequired.
(b) Landlord 3.2 Subtenant shall submit the completed Working Drawings to Tenant Sublandlord for Tenant's approvalthe approval of Sublandlord and the Master Landlord. Tenant Sublandlord will provide written approval of the Working Drawings within five (5) business days after such submission. If Tenant Sublandlord disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's architect Subtenant’s Architect and engineers to revise the Working Drawings. Such revisions shall be subject resubmitted to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve Sublandlord for the revised Working Drawings approval of Sublandlord and the Master Landlord within three ten (10) business days after submission thereof to Tenant. If Tenant's instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlordfollowing Sublandlord’s disapproval.
(c) 3.3 If Tenant Subtenant fails to approve submit the Working Drawings or the required Working Drawings within the applicable periods set forth in subparagraph 3(b) 3.2 above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained), (B) Tenant Subtenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion .
3.4 Upon the approval of Sublandlord and the Master Landlord of the Tenant ImprovementsWorking Drawings, and (C) any such delay Subtenant shall be deemed a Tenant Delay (as defined below)authorized to cause the Contractor to proceed with the construction of the Greenhouse in accordance with the Working Drawings.
Appears in 1 contract
Samples: Sublease (Aradigm Corp)
Approval of Working Drawings. (a) Landlord and Tenant acknowledge that Landlord shall retain Habitec as an architect ("Landlord's Architect") and engineers to prepare all architectural plans and specifications and shall retain engineers to prepare all engineering plans and specifications required for the construction of the Tenant Improvements Landlord’s Work in conformance with the base building and tenant improvement standard specifications of the Building (the "“Working Drawings"”), which Working Drawings shall be delivered to Tenant no later than September 15, 1998, and to prepare drawings and specifications for Changes (as defined below), if any, requested or required pursuant to paragraph Paragraph 5 below.
(b) Landlord shall submit the completed Working Drawings to Tenant for Tenant's ’s approval. Tenant will provide written approval of the Working Drawings within five business (5) days after such submission. If Tenant disapproves any part of the submission, the disapproval shall include written instructions adequate for Landlord's ’s architect and engineers to revise the Working Drawings. Such revisions shall be subject to Landlord's ’s approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Working Drawings within three business two (2) days after submission thereof to Tenant. If Tenant's ’s instructions necessitate (i) revisions to the Working Drawings (as originally submitted) which do not conform with the Space Planning Documents, or (ii) a change of scope relative to the Space Planning Documents, the costs incurred by Landlord as a result of such instructions (including, without limitation, the cost of revising the Working Drawings) shall be promptly borne and paid by Tenant upon demand by Landlord. If Tenant's instructions necessitate revisions that are required for the Working Drawings to conform to the Space Planning Documents, the costs incurred for such revisions shall be borne by Landlord.
(c) If Tenant fails to approve the Working Drawings or the required revised Working Drawings within the applicable periods set forth in subparagraph 3(b) above, then (A) Landlord shall not be obligated to commence construction of the Tenant Improvements until such approval is given (and all other permits and approvals have been obtained)Landlord’s Work, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's ’s completion of Landlord’s Work and delivery of the Tenant ImprovementsLeased Premises, and (C) any such delay shall be deemed a Tenant Tenant’s Delay (as defined below).
(d) Upon Tenant’s approval of the Working Drawings, Landlord shall be authorized to cause the Contractor to proceed with the construction of Landlord’s Work in accordance with the Working Drawings.
Appears in 1 contract
Samples: Lease Agreement (Biolase, Inc)