Approvals by Landlord. Landlord has approved the following architects as Tenant’s architect: AP+I Design, XXXXXX, M Xxxxx Associates, Xxxx Xxxxxxx, RMW. If Tenant engages any other architect or engineers separately from the approved architects as Tenant’s engineer to generate the mechanical, electrical and plumbing plans, then such architects and engineers, as applicable, shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to engage a different architect or engineer than those pre-approved in this Paragraph 3.2, then Landlord’s approval shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant and Landlord have approved the Space Plan for the Fifth &Sixth Floor Premises attached as Exhibit B-4. All Tenant Plans, including, without limitation, the Space Plan for the First Floor Premises, for the Tenant Work shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have complete discretion with regard to granting or withholding approval of (a) all light fixtures, entry doors, interior doors, HVAC diffusers and demountable walls included in the Tenant Plans or (b) to the extent the Tenant Work included in the Tenant Plans (i) impacts the Building’s structure or systems, (ii) affects future marketability of the Building, (iii) would be visible from the Common Areas or the exterior of the Building, (iv) is inconsistent with use of the Premises as a class A office building, or (v) does not fully build-out the entire Premises. Any changes, additions or modifications that Tenant desires to make to the Tenant Plans also shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld except as provided above for Building structure, system, marketability or appearance impact. The contract with Tenant’s general contractor shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have the right to withhold its approval in the event that the contract does not contain a budget for the Tenant Work (“Project Budget”), a written construction schedule (the “ Written Construction Schedule”) and a staging plan that identifies where in the Surface Lot and other Common Area located on the Land on which the Building is located that such general contractor will place its vehicles, equipment, materials, supplies or other property, to the extent not stored in the Building (“Staging Plan”). For purposes of this Work Letter, at any time that the prior written approval of the Landlord is required, Landlord’s approval or disapproval shall be given within 10 business days after receipt of such request, accompanied with the reasons for Landlord’s disapproval, if applicable.
Appears in 1 contract
Samples: Work Agreement (McAfee Corp.)
Approvals by Landlord. Notwithstanding anything to the contrary herein contained, wherever in this Lease Landlord has approved is given a right to review or approve Tenant's Plans for construction or alteration or improvements on the following architects as Tenant’s architect: AP+I DesignPremises, XXXXXX, M Xxxxx Associates, Xxxx Xxxxxxx, RMW. If Tenant engages any other architect or engineers separately from the approved architects as Tenant’s engineer to generate the mechanical, electrical and plumbing plans, then such architects and engineersLandlord, as applicablehereinafter provided, shall be subject entitled to review and approve or reject Tenant's Plans only with regard to compliance with the Design Manual (as to structural integrity or the exterior) and applicable law,. Landlord’s approval, which 's approval of the Plans shall not at any time be unreasonably withheld, conditioned or delayed. If Tenant desires to engage a different architect or engineer than those pre-approved in this Paragraph 3.2, then Landlord’s approval The criteria for review shall be requiredthose contained in Article IV, but shall not be unreasonably withheld, conditioned or delayedSection I (Covenants) of the Design Manual. Tenant and Landlord have approved the Space Plan for the Fifth &Sixth Floor Premises attached as Exhibit B-4. All Tenant Plans, including, without limitation, the Space Plan for the First Floor Premises, for the Tenant Work shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have complete discretion with regard to granting or withholding approval of (a) all light fixtures, entry doors, interior doors, HVAC diffusers and demountable walls included Notwithstanding anything in the Tenant Plans or (b) Design Manual to the extent the Tenant Work included in the Tenant Plans (i) impacts the Building’s structure or systemscontrary, (ii) affects future marketability pursuant to Article VIII of the BuildingDesign Manual, (iii) would be visible from the Common Areas or the exterior entitled "Waiver and Approvals", Landlord hereby waives Landlord's right, as particularly described in Section 4.06 of the Building, (iv) is inconsistent with use of the Premises as a class A office building, or (v) does not fully build-out the entire Premises. Any changes, additions or modifications that Tenant desires to make to the Tenant Plans also shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld except as provided above for Building structure, system, marketability or appearance impact. The contract with Tenant’s general contractor shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have the right to withhold its approval in the event that the contract does not contain a budget for the Tenant Work (“Project Budget”), a written construction schedule (the “ Written Construction Schedule”) and a staging plan that identifies where in the Surface Lot and other Common Area located on the Land on which the Building is located that such general contractor will place its vehicles, equipment, materials, supplies or other propertyDesign Manual, to extend the extent not stored in the Building (“Staging Plan”). For purposes of this Work Letter, at any time that the prior written approval of the Landlord is required, Landlord’s limitations for approval or disapproval of Plans. If Landlord fails to reject or approve Plans within ten (10) business days of the receipt thereof by Landlord, the Plans shall be given deemed approved. If Landlord rejects Plans, it must do so within 10 ten (10) business days after stating specifically the reason for rejection and within two (2) business days of receipt approve or reject a new submission to satisfy the rejection. Tenant's correction of such request, accompanied the Plans in accordance with Landlord's instructions shall be conclusively deemed to be corrections in compliance with the reasons Design Manual. Notwithstanding anything herein to the contrary, the Completion Date shall be extended by the number of days taken for Landlord’s disapproval, if applicable's review of submissions and the number of days required to include any and all changes to the Plans requested by Landlord.
Appears in 1 contract
Approvals by Landlord. Landlord has approved the following architects as Tenant’s architect: AP+I Design, XXXXXX, M Xxxxx Associates, Xxxx Xxxxxxx, RMW. If Tenant engages any other architect or engineers separately from the approved architects as Tenant’s engineer to generate The subcontractor for the mechanical, electrical and plumbing plans, then such architects and engineers, as applicable, modifications to the Expansion Premises shall be Xxxxxxx, Xxxxxxxx & Associates, Inc., which subcontractor Landlord hereby approves, or such other contractor as Tenant may select, subject to Landlord’s prior approval, which shall not be unreasonably withheld, conditioned withheld or delayed. If Tenant desires to engage a different architect or engineer than those pre-approved in this Paragraph 3.2, then Landlord’s approval shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant All Construction Drawings and Landlord have approved the Space Plan Specifications for the Fifth &Sixth Floor Premises attached as Exhibit B-4. All Tenant Plans, including, without limitation, the Space Plan for the First Floor Premises, for the Tenant Work Improvements shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheldwithheld or delayed, except that Landlord shall have complete discretion with regard to granting or withholding approval of (a) all light fixtures, entry doors, interior doors, HVAC diffusers Construction Drawings and demountable walls included in the Tenant Plans or (b) Specifications to the extent the Tenant Work included in the Tenant Plans (i) impacts they impact the Building’s structure or systems, (ii) affects future marketability of the Building, (iii) would be visible from the Common Areas or the exterior of the Building, (iv) is inconsistent with use of the Premises as a class A office building, or (v) does not fully build-out the entire Premises. Any changes, additions or modifications that Tenant desires to make to the approved Space Plan and the approved Construction Drawings and Specifications (collectively, the “Tenant Plans Plans”) shall also shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld except as provided above for Building structure, system, marketability system or appearance impact. The actual amount of any outside third-party review fees incurred by Landlord for the review of the Construction Drawings and Specifications, or any changes, additional or modifications thereto, shall be charged against the Tenant Improvement Allowance without xxxx-up by Landlord. The contract with Tenant’s general contractor (the “Construction Contract”) shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have the right to withhold its approval in the event that the contract does not contain a budget for the Tenant Work (“Project Budget”), a written construction schedule (the “ “Written Construction Schedule”). Tenant shall ensure that the Construction Contract places on the Contractor, defined below, the obligation for (i) payment of all wages and a staging plan that identifies where salaries to all individuals employed by Contractor in connection with the Surface Lot Improvements, in compliance with all minimum wage, overtime compensation, unemployment compensation, withholding and other Common Area located on the Land on which the Building is located that such general contractor will place its vehicles, equipment, materials, supplies or other property, laws applicable to the extent payment of wages and salaries by employers, and to ensure that any subcontractors engaged by Contractor are responsible for such compliance for individuals employed or engaged by such subcontractors; (ii) compliance with employment eligibility and record keeping requirements under applicable employment and immigration laws and requirements for all employees of Contractor, and to ensure that any subcontractors engaged by Contractor are responsible for such compliance for individuals employed or engaged by such subcontractors; (iii) compliance with applicable workers’ compensation laws for its own employees, and to ensure that any subcontractors engaged by Contractor are responsible for such compliance for individuals employed or engaged by such subcontractors; (iv) for compliance with all other applicable labor and employment laws for all employees of Contractor, and to ensure that any subcontractors engaged by Contractor are responsible for such compliance for individuals employed or engaged by such subcontractors; and (v) indemnifying Tenant and Landlord for, and holding Tenant and Landlord harmless from, any damages and/or costs including but not stored in limited to, fines, assessments, penalties of law or governmental agency, attorneys’ fees, and damages arising from the Building (“Staging Plan”)violation of Contractor’s obligations under this provision. For purposes of this Work Letter, at any time that the prior written approval Tenant shall not commence construction of the Improvements until all approvals from Landlord is required, Landlord’s approval or disapproval shall be given within 10 business days after receipt of such request, accompanied with the reasons for Landlord’s disapproval, if applicablerequired hereunder have been obtained.
Appears in 1 contract
Samples: Lease (Carters Inc)
Approvals by Landlord. Within thirty (30) calendar days of execution --------------------- of the Lease by Tenant and Landlord, Tenant shall provide Landlord has approved with three (3) copies of the following architects as Tenant’s architect: AP+I DesignSpace Plan. Within seven (7) calendar days of its receipt of the Space Plan, XXXXXXLandlord Shall have given its written approval of such plan, M Xxxxx Associates, Xxxx Xxxxxxx, RMWor shall have provided Tenant with a list of reasonably recommended changes. If a list of changes is provided, Tenant engages will address the changes and resubmit the plan to Landlord for approval, and Landlord shall review such resubmission in the manner and within the time frames applicable to the initial submission of the Space Plan. Should Landlord fail to provide such notice to Tenant within seven (7) calendar days of Landlord's receipt of notice from Tenant that such notice of approval of the Space Plan or reasonably recommended changes has not been timely received, such Space Plan shall conclusively be deemed to have been approved. Upon approval of the Space Plan by Landlord, Tenant shall cause its architects and engineers to prepare the Construction Drawings and Specifications for the Tenant Work, and shall provide Landlord with three (3) complete sets thereof. Landlord shall provide to Tenant within seven (7) calendar days of its receipt of three (3) sets of full and final Construction Drawings and Specifications, notice of any other architect or engineers separately from the approved architects as Tenant’s engineer refusal to generate the mechanical, electrical and plumbing approve any aspect of such plans, then which notice shall state those elements of the Construction Drawings as to which Landlord does not approve. Should Landlord fail to provide such architects notice to Tenant within seven (7) calendar days of Landlord's receipt of notice from Tenant that such notice of approval or refusal to provide approval has not been timely received, such Construction Drawings and engineersSpecifications shall conclusively be deemed to have been approved. The Construction Drawings and Specifications as approved by Landlord are referred to herein as the "Tenant Plans." Any changes, as applicable, additions or modifications that Tenant desires to make to the Tenant Plans shall also be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to engage a different architect or engineer than those pre-approved in this Paragraph 3.2, then Landlord’s approval shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant and Landlord have approved the Space Plan for the Fifth &Sixth Floor Premises attached as Exhibit B-4. All Tenant Plans, including, without limitation, the Space Plan for the First Floor Premises, for the Tenant Work shall be subject to Landlord’s 's prior written approval, which in accordance with the time periods and standards set forth herein. Landlord's approval of the Space Plan and the Construction Drawings and Specifications shall not be unreasonably withheld, except that Landlord shall have complete discretion with regard to granting or withholding approval of (a) all light fixtures, entry doors, interior doors, HVAC diffusers Construction Drawings and demountable walls included in the Tenant Plans or (b) Specifications to the extent they impact the Tenant Work included in the Tenant Plans (i) impacts the Building’s structure Buildings structure, or systems, (ii) affects future marketability of the Building, (iii) would be visible from the Common Areas or the exterior of the Building, (iv) is inconsistent with use . Landlord's review of the Premises as a class A office building, or (v) does not fully build-out Rooftop Installations contemplated by Paragraph 31 of the entire Premises. Any changes, additions or modifications that Tenant desires to make to the Tenant Plans also Lease shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld except as provided above for Building structure, system, marketability or appearance impact. The contract with Tenant’s general contractor shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, except that Landlord shall have the right to withhold its approval in the event that the contract does not contain a budget for the Tenant Work (“Project Budget”), a written construction schedule (the “ Written Construction Schedule”) and a staging plan that identifies where in the Surface Lot and other Common Area located on the Land on which the Building is located that governed by such general contractor will place its vehicles, equipment, materials, supplies or other property, to the extent not stored in the Building (“Staging Plan”). For purposes of this Work Letter, at any time that the prior written approval of the Landlord is required, Landlord’s approval or disapproval shall be given within 10 business days after receipt of such request, accompanied with the reasons for Landlord’s disapproval, if applicableParagraph 31.
Appears in 1 contract
