Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 3 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, howeverTenant shall, at Tenant’s election 's sole cost ------------------------- and at Tenant’s risk with respect expense, submit the Approved Working Drawings to the City of Mountain View to the extent necessary to obtain any subsequent changes that and all demolition, building and other governmental permits as may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings law to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord commence construction of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the PermitsImprovements. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements permits or certificate certificates of occupancy or other occupancy permits or approvals for the Premises and that the obtaining of the same if required by law shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy's sole responsibility at Tenant's sole cost. No material changes, modifications or alterations in to the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheldwithheld or delayed. If Landlord shall provide fails to disapprove any approvals and take any actions required under this Tenant Work Letter within proposed, modifications to the time periods specified herein, or, if no time period is specified, then Approved Working Drawings within five (5) business days. Landlord’s failure to timely respond days after receipt of written notice from Tenant or its Architect identifying the same, then Landlord shall be deemed a Landlord Delayto have approved such proposed modifications. Construction of the Tenant Improvements by Tenant and the Contractor Group shall not commence unless and until Tenant has obtained all legally required demolition, subject building and other governmental permits necessary for commencing construction of the Tenant Improvements and delivered copies of all such permits to the terms of Section 1.3, aboveLandlord.
Appears in 2 contracts
Samples: Office Lease (Chemdex Corp), Office Lease (Chemdex Corp)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises Improvements by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit permit(s) for the Tenant Improvements or certificate of required permission for lawful occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord, at its cost, shall provide to Tenant such path-of-travel documentation regarding the Buildings and the Project, as available, as may be required in order for Tenant to apply for and/or obtain any building permit(s) for the Improvements or required permission for lawful occupancy for the Premises (the parties acknowledging that Landlord shall have no obligation to prepare such path-of-travel documentation to comply with the foregoing), and shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit permit(s) or certificate of occupancyoccupancy permission. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld, conditioned or delayed. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 2 contracts
Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by submitted for approval to Sublandlord and Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises Subtenant Initial Improvements by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that Subtenant. Subtenant may be required by Landlord in accordance with this Tenant Work Letter, Tenant may simultaneously submit the same to the City of Dublin for all applicable building permits. The term “Approved Working Drawings” shall mean Final Working Drawings that have been approved in writing by Sublandlord and Landlord. Notwithstanding anything to the appropriate municipal authorities for Permits concurrently with contrary in the Sublease, Subtenant shall not commence work on the Initial Subtenant Improvements until Subtenant has obtained Sublandlord’s and Landlord’s review thereof. After written approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant Subtenant hereby agrees that neither Landlord Sublandlord nor Landlord’s , nor any of their respective consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Subleased Premises and that obtaining the same shall be TenantSubtenant’s responsibility; provided, however, that Landlord Sublandlord shall cooperate with Tenant Subtenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant Subtenant to obtain any such permit or certificate of occupancyoccupancy and shall use its good faith, commercially reasonable efforts to obtain Landlord’s cooperation, if necessary. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Sublandlord and Landlord, which consent Sublandlord may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified hereinwithhold, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond except that Subtenant agrees that it shall be deemed a reasonable for Sublandlord and Landlord Delay, subject to withhold their consent if the terms any of the items set forth in sections (i) through (iv) of Section 1.3, above3.4 are applicable.
Appears in 2 contracts
Samples: Work Agreement (Callidus Software Inc), Work Agreement (Callidus Software Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises Improvements by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit permit(s) for the Tenant Improvements or certificate of required permission for lawful occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord, at its cost, shall provide to Tenant such path-of-travel documentation regarding the Building and the Project, as available, as may be required in order for Tenant to apply for and/or obtain any building permit(s) for the Improvements or required permission for lawful occupancy for the Premises (the parties acknowledging that Landlord shall have no obligation to prepare such path-of-travel documentation to comply with the foregoing), and shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit permit(s) or certificate of occupancyoccupancy permission. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld, conditioned or delayed. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 2 contracts
Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by If Landlord (the “Approved Working Drawings”) prior to the submission disapproves of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings Drawings, then Landlord shall deliver to Tenant its written explanation for such disapproval and the appropriate municipal authorities for Permits concurrently with Landlord’s review thereofparties shall negotiate in good faith to reach agreement on such drawings and budget. After approval by Landlord of the Final Working Drawings, Tenant shall may submit such Approved Working Drawings the same to the City where the Premises is located for the Permitsall applicable building permits. Tenant hereby agrees that neither Neither Landlord nor Landlord’s consultants consultant shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises required for any Tenant Improvements constructed by Tenant, and that obtaining the same shall be Tenant’s responsibility; provided, however, that . Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld. Notwithstanding anything to the contrary in this Work Letter, Tenant may make changes to the Approved Working Drawings and Landlord shall provide not have any approvals right to approve such Tenant changes to extent such work (i) is required by the City of Xxxxx or other applicable governmental body having jurisdiction over the Tenant Improvements, and take (a) is consistent with the design intent of the approved Working Drawings and (b) will not cost more than Five Thousand Dollars ($5,000) per occurrence; or (ii) consists of minor field changes that (a) are consistent with the intent or required for the proper execution of the Approved Working Drawings, and (b) will not materially adversely affect the design, use, or operation of the Premises or Tenant Improvements. If any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period Change Order is specified, then not approved or disapproved by Landlord in writing within five (5) business days. days after Landlord’s failure to timely respond receipt of written request by Tenant, such Change Order shall be deemed a approved. Additionally, if Landlord Delaydisapproves of the Change Order, subject then Landlord shall deliver to Tenant its written explanation for such disapproval and the terms parties shall negotiate in good faith to reach agreement on the item proposed. With respect to Change Orders that Landlord has no right to approve, Tenant shall nevertheless provide prompt written notice to Landlord of Section 1.3the type, abovescope and cost of the change.
Appears in 2 contracts
Samples: Office Lease (Marrone Bio Innovations Inc), Office Lease (Marrone Bio Innovations Inc)
Approved Working Drawings. The On or before the date set forth therefor in Schedule 1, Tenant shall submit the Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities applicable local governmental agency for all applicable building permits (the necessary to allow “Permits”) and commencement Contractor,” as that term is defined in Section 4.1 of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit to commence and fully complete the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord construction of the Final Working DrawingsTenant Improvements (collectively, the “Permits”), and, in connection therewith, Tenant shall submit such Approved Working Drawings for coordinate with Landlord in order to allow Landlord, at Landlord’s option, to take part in all phases of the Permitspermitting process, and shall supply Landlord, as soon as possible, with all plan check numbers and dates of submittal. Notwithstanding the foregoing, Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that the obtaining of the same shall be Tenant’s responsibility; provided, however, that Landlord shall shall, in any event, cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent provided that Landlord may not be unreasonably withheld. Landlord shall provide withhold its consent, in its sole discretion, to any approvals and take any actions required under this Tenant Work Letter within change in the time periods specified herein, orApproved Working Drawings, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to such change would directly or indirectly delay the terms Substantial Completion of Section 1.3, abovethe Premises.
Appears in 1 contract
Samples: Office Lease (Accelrys, Inc.)
Approved Working Drawings. The Final Working Drawings Landlord shall be approved by Landlord (submit the “Approved Working Drawings”) prior to the submission of the same ------------------------- Drawings to the appropriate municipal authorities governmental entities for all applicable building permits (the “Permits”) and commencement necessary to allow "Contractor," as that term is defined in Section 4.1 of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit to commence and fully complete the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord construction of the Final Improvements (the "Permits"). If Tenant desires any change, modification or alteration in the Approved Working Drawings, Tenant shall submit such Approved Working Drawings for must first obtain the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the reasonable prior written consent of Landlord, which consent provided that in the event such change will directly or indirectly delay the Substantial Completion of the Expansion Space, such change will be a Tenant Delay pursuant to Section 5.2.5 below and further provided that Landlord may not be unreasonably withheldrefuse to consent to such change order solely on the basis that such change order will increase the cost of the Improvements. Prior to commencing any change requested by Tenant to the Approved Working Drawings, Landlord shall provide any approvals prepare and take any actions deliver to Tenant, for Tenant's approval, a change order ("Change Order") setting forth the additional time required under this to perform the change and the total cost of such change, which shall include associated architectural, engineering and Contractor's fees. If Tenant Work Letter fails to approve such Change Order in writing within the time periods specified herein, or, if no time period is specified, then within five two (52) business days. days after such delivery by Landlord’s failure to timely respond , Tenant shall be deemed a to have withdrawn the Change Order and Landlord Delay, subject shall not proceed to perform the terms of Section 1.3, abovechange.
Appears in 1 contract
Samples: Plumtree Software Inc
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission commencement of construction of the Premises by Tenant. Landlord shall, within five (5) business days after Landlord's receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions, or (iii) disapprove and return the Construction Drawings to Tenant with requested revisions; provided, however, Landlord shall only disapprove such Final Working Drawings to the extent of a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be repeated until the Final Working Drawings are approved. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits (necessary to allow "Contractor," as that term is defined in Section 4.1.1, below, to commence and fully complete the “Permits”) and commencement of construction of the Premises by Tenant.; providedTenant Improvements (the "Permits"), howeverand, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawingsconnection therewith, Tenant shall submit such Approved Working Drawings for coordinate with Landlord in order to allow Landlord, at its option, to take part in all phases of the Permitspermitting process and shall supply Landlord, as soon as possible, with all plan check numbers and dates of submittal. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 1 contract
Samples: Office Lease (Anacomp Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord and Tenant and the Engineering Drawings shall be referred to herein collectively as (the “"Approved Working Drawings”") prior to the submission of and Tenant shall submit the same to the appropriate municipal authorities governmental entities for all applicable building permits (necessary to allow the “Permits”) Contractor to commence and commencement of folly complete the construction of the Premises by Tenant.; providedTenant Improvements (the "Permits"). If Tenant desires any change, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord modification or alteration in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Approved Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to must first obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent provided that Landlord may not be unreasonably withheldwithhold its consent, in its sole discretion, to any change in the Approved Working Drawings, if such change would directly or indirectly delay the Substantial Completion of the Premises. Prior to commencing any change requested by Tenant to the Approved Working Drawings, Landlord shall provide any approvals prepare and take any actions deliver to Tenant, for Tenant's approval, a change order ("Change Order") setting forth the additional time required under this to perform the change and the total cost of such change, which shall include associated architectural, engineering and Contractor's fees. If Tenant Work Letter fails to approve such Change Order in writing within the time periods specified herein, or, if no time period is specified, then within five two (52) business days. days after such delivery by Landlord’s failure to timely respond , Tenant shall be deemed a to have withdrawn the Change Order and Landlord Delay, subject shall not proceed to perform the terms of Section 1.3, abovechange but will continue with construction in accordance with the Approved Working Drawings.
Appears in 1 contract
Samples: Allos Therapeutics Inc
Approved Working Drawings. Landlord and Tenant have approved a detailed space plan for the construction of the Tenant Improvements in the Premises, which space plan has been prepared by Dxxxxx Xxxxx & Associates, Inc., dated February 24, 2009 and which is attached hereto as Exhibit F-1 and incorporated herein by this reference (the “Final Space Plan”). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Final Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. The finishes and specifications shall be as set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon. Within five (5) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan, and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord (and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in Once the Approved Working Drawings may be made have been approved by Landlord and Tenant, neither party shall make changes, change orders or modifications thereto without Tenant’s reasonable and prompt consent (with respect to Landlord requested changes) or the prior written consent of LandlordLandlord (with respect to Tenant requested changes), which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. withheld in Landlord’s failure to timely respond shall sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Premises; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the Tenant Improvements depicted in the Final Space Plan; (iii) be deemed of a Landlord Delay, subject quality lower than the quality of the finishes and specifications set forth in the Final Space Plan; and/or (iv) require any changes to the terms exterior of Section 1.3the Building, aboveBuilding Systems or equipment of the Building or structural portions of the Building.
Appears in 1 contract
Approved Working Drawings. The Final Landlord shall approve (or disapprove) the working drawings prepared by Architect within [***] ([***]) business days after Landlord receives the final Construction Drawings (as so approved by Landlord, the "Approved Working Drawings Drawings"). If Landlord disapproves (which disapproval shall be in writing and shall specify in reasonable detail the basis of such disapproval) of the Construction Drawings, Tenant shall revise such Construction Drawings within [***] ([***]) Business Days after receipt of Landlord's disapproval and resubmit the revised Construction Drawings back to Landlord for Landlord's review. Thereafter, within [***] ([***]) Business Days following receipt of same, Landlord will either approve or disapprove the Construction Drawings. This process shall be repeated until the Construction Drawings are ultimately approved by Landlord (the “such that they become Approved Working Drawings”) prior . Tenant shall submit the Approved Working Drawings to the submission all applicable governmental agencies and diligently pursue its receipt of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permitsapprovals. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises Tenant Improvements and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 1 contract
Approved Working Drawings. The Construction shall not commence until Landlord’s approval of the Final Working Drawings shall be approved by Landlord has been obtained (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.); provided, however, at Tenant’s election and at Tenant’s risk with respect to that any subsequent changes that may be required delay caused by Landlord in accordance with this providing approval (defined as a Landlord Delay in Section 5.5.2 below) shall cause a corresponding extension in any deadlines to be met by Tenant Work Letter, Tenant may submit the Final Working Drawings herein to the appropriate municipal authorities extent provided for Permits concurrently with Landlord’s review thereofin Section 5.5.2 below. After approval by Landlord of the Final Working Drawings, Tenant shall promptly submit such the same to the appropriate governmental authorities for all applicable building permits. Once submitted to the appropriate governmental authorities, the Approved Working Drawings for shall be subject to such revisions and corrections as are required by the Permitsappropriate governmental authorities as a condition to issuance of permits, and all such required revisions and corrections shall be deemed to be approved by Landlord. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings not required by the appropriate governmental authorities may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld. ; provided that Landlord shall provide may withhold its consent, in its sole discretion, to any approvals and take any actions required under this Tenant Work Letter within change in the time periods specified herein, orApproved Working Drawings, if no time period is specified, then within five such change would result in an Over-Allowance Cap (5) business daysas defined below). Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.EXHIBIT 1.1.1-2
Appears in 1 contract
Samples: Sova Science District (Conatus Pharmaceuticals Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect . Tenant shall be entitled to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Construction Drawings to Landlord separately for each suite of the appropriate municipal authorities for Permits concurrently with Landlord’s review thereofPremises. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits, provided that Tenant shall have the right to submit such Approved to the City of Santa Xxxxxx a coordinated set of drawings, complete to the extent required to commence the plan check, the first phase in the permitting process (the "Permit Set"), prior to approval of the Final Construction Documents by Landlord (and Tenant acknowledges that Landlord shall not be responsible for any delays or costs incurred by Tenant in the event that Landlord requires revisions to the Final Working Drawings after the date of such submission of plans to the City of Santa Xxxxxx by Tenant). Tenant shall keep Landlord reasonably informed with respect to the timing and schedule of Tenant's permit submittals and responses from the City of Santa Xxxxxx, and will promptly respond to any requests for the Permitsinformation by Landlord with respect thereto. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed withheld unless a Landlord Delay, subject to the terms of Section 1.3, aboveDesign Problem exists.
Appears in 1 contract
Samples: Office Lease (Kite Pharma, Inc.)
Approved Working Drawings. The Final Working Drawings Drawings, shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission commencement of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises Tenant Improvements by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall immediately submit such the Approved Working Drawings to the appropriate municipal authorities for all applicable building permits necessary to allow "Contractor, as that term is defined in Section 4.1.1, below, to commence and fully complete the Permitsconstruction of the Tenant Improvements. Tenant hereby agrees that neither Landlord nor Landlord’s consultants 's consultant shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in In the event Tenant desires to change the Approved Working Drawings may be made without Tenant shall deliver notice (the prior written consent "Drawing Change Notice") of the same to Landlord, which consent may not be unreasonably withheldsetting forth in detail the changes (the "Tenant Change") Tenant desires to make to the Approved Working Drawings. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified hereinshall, or, if no time period is specified, then within five (5) business daysdays of receipt of a Drawing Change Notice related to a Tenant Change affecting the Building Structure or the Building Systems, and within three (3) business days of receipt of the Drawing Change Notice related to a Tenant Change which does not affect the Building Structure or Building Systems, either (i) approve the Tenant Change, or (ii) disapprove the Tenant Change and deliver a notice to Tenant specifying in detail the reasons for Landlord's disapproval; provided, however, that Landlord may only disapprove of the Tenant Change if the Tenant Change contains a Design Problem. Any additional costs which arise in connection with such Tenant Change shall be paid by Tenant; provided, however, that to the extent the Tenant Improvement Allowance has not been depleted, such payment shall be made out of the Tenant Improvement Allowance. Landlord’s 's failure to timely respond within the time periods set forth herein shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveLandlord's approval.
Appears in 1 contract
Approved Working Drawings. The Final Working Drawings shall be as approved by Landlord (in accordance with Schedule 1 to this Work Letter are referred to herein as the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. ” No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of LandlordLandlord and Tenant, which consent may not be unreasonably withheld, conditioned or delayed; provided, however, the parties hereby agree that it shall be reasonable under this Work Letter for Landlord to withhold consent to any proposed changes, modifications or alterations in the Approved Working Drawings if the same would directly or indirectly delay the “Substantial Completion” of the Leased Premises as that term is defined in Section 5.1 of this Work Letter unless Tenant agrees that it will constitute a Tenant Delay as described in Section 5.2 of this Work Letter. Upon any request for a change, Landlord shall provide cause Contractor to prepare for Tenant’s approval a change order setting forth the estimated amount of any delay in Substantial Completion of the Tenant Improvements and the estimated amount of any increased cost in the cost of the Tenant Improvements as a result thereof. As soon as approved by Landlord and Tenant, Landlord shall submit the Approved Working Drawings to all appropriate governmental agencies (if required by applicable Law) and thereafter Landlord shall use its reasonable efforts to obtain required governmental approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveas soon as practicable.
Appears in 1 contract
Samples: Office Lease (Cortina Systems Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission commencement of construction of the Premises by Tenant. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits). Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheldwithheld and will be governed by Section 3.5 below. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms and conditions of Section 1.3, above.. EXHIBIT B -00- 000 XXXXXXXX XXXXXX [Airbnb, Inc.]
Appears in 1 contract
Samples: Office Lease (Airbnb, Inc.)
Approved Working Drawings. The Final Landlord shall, within five (5) Business Days after Landlord’s receipt of final versions of all of the Working Drawings, either (i) approve the Working Drawings, (ii) approve the Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant prior to obtaining permits as set forth below, to the extent the Working Drawings contain a Project Impact, or (iii) disapprove and return the Working Drawings to Tenant with requested revisions to the extent the Working Drawings contain a Project Impact. If Landlord disapproves the Working Drawings, Tenant may resubmit the Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Working Drawings, based upon the criteria set forth in this Section 3.2, within three (3) Business Days after Landlord receives such resubmitted Working Drawings. Such procedure shall be repeated until the Working Drawings are approved. If Landlord fails to respond to such request for approval within such period, Tenant may deliver a written “reminder notice”, informing Landlord that it has failed to respond, and warning that a continued failure may result in a “deemed approval”. If Landlord fails to respond to such “reminder notice” within three (3) Business Days, then Landlord shall be deemed to have approved by Landlord the submitted plans. Tenant shall submit the approved final Working Drawings (the “Approved Working Drawings”) prior to the submission City in which the Building is located and diligently pursue its receipt of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permitspermits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 1 contract
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “"Permits”") and commencement of construction of the Premises Improvements by Tenant.; provided, however, at Tenant’s 's election and at Tenant’s 's risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s 's review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit permit(s) for the Tenant Improvements or certificate of required permission for lawful occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord, at its cost, shall provide to Tenant such path-of-travel documentation regarding the Building and the Project, as available, as may be required in order for Tenant to apply for and/or obtain any building permit(s) for the Improvements or required permission for lawful occupancy for the Premises (the parties acknowledging that Landlord shall 738132.04/XXX000000-00001/6-26-15/alf/alf EXHIBIT X-00- 000 XXXXXXX[Dropbox, Inc.] have no obligation to prepare such path-of-travel documentation to comply with the foregoing), and shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit permit(s) or certificate of occupancyoccupancy permission. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld, conditioned or delayed. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Approved Working Drawings. The Final Working Drawings for each --------------------------- full floor of the Premises shall be approved by Landlord (the “Approved Working Drawings”"APPROVED WORKING DRAWINGS") prior to the submission commencement of construction of the same Tenant Improvements on such floor by Tenant. Notwithstanding the foregoing, if Tenant elects to submit the Final Working Drawings for any full floor to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement prior to, or concurrently with, its submission of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to Landlord for Landlord's consent, and Tenant receives the appropriate municipal authorities for Permits concurrently with requested building permits prior to Landlord’s review thereof. After 's approval by Landlord of the Final Working Drawings, then, at Tenant's sole risk and expense, Tenant shall submit such Approved Working Drawings for may commence the Permitsconstruction of the Tenant Improvements on that floor of the Premises. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications EXHIBIT C - Page 7 TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not unreasonably be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveconditioned or delayed.
Appears in 1 contract
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission commencement of construction of the Premises by Tenant. Concurrently with Tenant's delivery of the Final Working Drawings to Landlord for Landlord's approval, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits permits, provided that Tenant shall have the right to submit to the City a coordinated set of drawings, complete to the extent required to commence the plan check, the first phase in the permitting process (the “Permits”) and commencement of construction "Permit Set"), prior to approval of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required Final Construction Documents by Landlord (and Tenant acknowledges that Landlord shall not be responsible for any delays or costs incurred by Tenant in accordance with this Tenant Work Letter, Tenant may submit the event that Landlord requires revisions to the Final Working Drawings after the date of such submission of plans to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval City by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the PermitsTenant). Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld, conditioned, or delayed. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein791223.03/WLA 186772-00003/3-7-19/gjn/gjn SCHEDULE-1 - 4 - [Edgewater Business Park] [Allogene Therapeutics, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.Inc.]
Appears in 1 contract
Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)
Approved Working Drawings. The Final Working Drawings for each --------------------------- full floor of the Premises shall be approved by Landlord (the “Approved Working Drawings”"APPROVED WORKING DRAWINGS") prior to the submission commencement of construction of the same Tenant Improvements on such floor by Tenant. Notwithstanding the foregoing, if Tenant elects to submit the Final Working Drawings for any full floor to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement prior to, or concurrently with, its submission of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to Landlord for Landlord's consent, and Tenant receives the appropriate municipal authorities for Permits concurrently with requested building permits prior to Landlord’s review thereof. After 's approval by Landlord of the Final Working Drawings, then, at Tenant's sole risk and expense, Tenant shall submit such Approved Working Drawings for may commence the Permitsconstruction of the Tenant Improvements on that floor of the Premises. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not unreasonably be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveconditioned or delayed.
Appears in 1 contract
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) in accordance with Section 3.3, above, prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of each floor or Phase of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required . The Final Work Drawings as approved by Landlord in accordance with this Tenant Work Letter, for each floor or Phase of the Premises shall be referred to herein as the "Approved Working Drawings". Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with all applicable building permits prior to Landlord’s review 's approval thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy CofO for the Premises (excluding the Base, Shell and Core thereof) and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. CofO. No material changes, modifications or alterations in the Approved Working Drawings ("Changes") may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld; provided, that Tenant shall have the right to modify the Approved Working Drawings without Landlord's consent if such modifications do not constitute a Design Problem. Landlord shall provide advise Tenant within three (3) business days after Landlord's receipt of a Change request if there is a Design Problem with respect to such Change request otherwise Landlord shall approve such Change Request within such three (3) business day period. In addition, Landlord shall not disapprove any approvals and take any actions required under this Tenant Work Letter Change to a floor of the Premises which Landlord has previously approved with respect to another floor of the Premises. If Landlord fails to respond within the time periods specified herein, or, if no time period is specifiedsuch three (3) business day period, then Tenant shall have the right to deliver a second notice to Landlord requesting Landlord's approval of such Change (which second notice shall include a copy of such Change), and if Landlord fails to respond within five two (52) business days. day following Landlord’s failure to timely respond 's receipt of such second notice then Landlord shall be deemed to have approved the applicable Change. If Landlord advises Tenant that a Design Problem exists with respect to a Change request, Tenant shall cause the applicable Change request to be revised to correct such Design Problem. Landlord Delay, subject shall approve any re-submittal of a Change Request within two (2) business days after receipt thereof and Landlord's failure to the terms respond within such two (2) business day period shall be deemed to be Landlord's approval of Section 1.3, abovesuch Change request.
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord and Tenant and the Engineering Drawings shall be referred to herein collectively as (the “Approved Working Drawings”"APPROVED WORKING DRAWINGS") prior to the submission of and Tenant shall submit the same to the appropriate municipal authorities governmental entities for all applicable building permits (necessary to allow the “Permits”) Contractor to commence and commencement of fully complete the construction of the Premises by Tenant.; providedTenant Improvements (the "PERMITS"). If Tenant desires any change, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord modification or alteration in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Approved Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to must first obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent provided that Landlord may not be unreasonably withheldwithhold its consent, in its sole discretion, to any change in the Approved Working Drawings, if such change would directly or indirectly delay the Substantial Completion of the Premises. Prior to commencing any change requested by Tenant to the Approved Working Drawings, Landlord shall provide any approvals prepare and take any actions deliver to Tenant, for Tenant's approval, a change order ("CHANGE ORDER") setting forth the additional time required under this to perform the change and the total cost of such change, which shall include associated architectural, engineering and Contractor's fees. If Tenant Work Letter fails to approve such Change Order in writing within the time periods specified herein, or, if no time period is specified, then within five two (52) business days. days after such delivery by Landlord’s failure to timely respond , Tenant shall be deemed a to have withdrawn the Change Order and Landlord Delay, subject shall not proceed to perform the terms of Section 1.3, abovechange but will continue with construction in accordance with the Approved Working Drawings.
Appears in 1 contract
Samples: Office Lease (Allos Therapeutics)
Approved Working Drawings. The Final Working Drawings shall be After Landlord has approved by Landlord (the “Approved Working Drawings”) prior to the submission of , Tenant shall promptly submit the same to the appropriate municipal authorities governmental agency or department for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permitspermits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises Expansion Space and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in to the Approved Working Drawings (including without limitation those changes, if any, required by the applicable governmental agency or department as a condition to issuing the required building permit, it being the intent of the parties that Landlord shall have an opportunity to review and reasonably dispute such required changes in good faith) may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld. withheld or conditioned, and if Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then fails to respond within five (5) business days. Landlord’s failure days following receipt of a written request to timely respond approve change(s) and Tenant provides Landlord with a Response Notice regarding such failure, then the requested changes to the Approved Working Drawings shall be deemed a approved by Landlord Delay, subject to unless Landlord disapproves the terms requested change(s) within two (2) business days following receipt of Section 1.3, abovethe Response Notice.
Appears in 1 contract
Samples: Lease (Enphase Energy, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by submitted for approval to Sublandlord and Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises First Amendment Subtenant Improvements by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that Subtenant. Subtenant may be required by Landlord in accordance with this Tenant Work Letter, Tenant may simultaneously submit the same to the City of Dublin for all applicable building permits. The term “Approved Working Drawings” shall mean Final Working Drawings that have been approved in writing by Sublandlord and Landlord. Notwithstanding anything to the appropriate municipal authorities for Permits concurrently with contrary in the Sublease, Subtenant shall not commence work on the First Amendment Subtenant Improvements until Subtenant has obtained Sublandlord’s and Landlord’s review thereof. After written approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant Subtenant hereby agrees that neither Landlord Sublandlord nor Landlord’s , nor any of their respective consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises First Amendment Expansion Space and that obtaining the same shall be TenantSubtenant’s responsibility; provided, however, that Landlord Sublandlord shall cooperate with Tenant Subtenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant Subtenant to obtain any such permit or certificate of occupancyoccupancy and shall use its good faith, commercially reasonable efforts to obtain Landlord’s cooperation, if necessary. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Sublandlord and Landlord, which consent Sublandlord may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified hereinwithhold, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond except that Subtenant agrees that it shall be deemed a reasonable for Sublandlord and Landlord Delay, subject to withhold their consent if the terms any of the items set forth in sections (a) through (c) of Section 1.3, above3.4 are applicable.
Appears in 1 contract
Samples: Sublease (Callidus Software Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “"Permits”") and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s 's risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission commencement of construction of the Premises by Tenant. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits). Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises with respect to the Tenant Improvements, and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld, conditioned or delayed. In the event that Landlord shall provide fails to respond to a written request (an “Approval Request”) from Tenant for approval of any approvals and take any actions required under this Tenant Work Letter change to the Approved Working Drawings which requires Landlord’s prior written consent within the time periods specified herein, or, if no time period is specified, then within five three (53) business days. days after Landlord’s receipt of such Approval Request, such failure to timely respond shall be deemed Landlord’s approval of the proposed change set forth in the Approval Request. In addition, in the event that Landlord disapproves of a proposed change in an Approval Request, Landlord Delayshall provide Tenant with a written explanation of such disapproval and the parties shall thereafter meet and confer and negotiate in good faith to reach an agreement with respect to such proposed change. Notwithstanding the foregoing, subject Tenant may make changes to the terms Approved Working Drawings without Landlord’s prior written consent (but with prompt written notice to Landlord setting forth the type, scope and cost of Section 1.3such change) in the event such changes (i) are required by the City of Santa Xxxxx or other applicable governmental body having jurisdiction over the Premises, aboveBuilding or Project and are substantially consistent with the design intent of the Approved Working Drawings, or (ii) consist of minor field changes that (A) are consistent with the intent or required for the proper execution of the Approved Working Drawings, and (B) will not materially and adversely affect the design, use or operation of the Premises or the Tenant Improvements.
Appears in 1 contract
Approved Working Drawings. The On or before the date set forth therefor in Schedule 1, Tenant shall submit the Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities applicable local governmental agency for all applicable building permits (the necessary to allow “Permits”) and commencement Contractor,” as that term is defined in Section 4.1 of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit to commence and fully complete the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord construction of the Final Working DrawingsTenant Improvements (collectively, the “Permits”), and, in connection therewith, Tenant shall submit such Approved Working Drawings for coordinate with Landlord in order to allow Landlord, at Landlord’s option, to take part in all phases of the Permitspermitting process, and shall supply Landlord, as soon as possible, with all plan check numbers and dates of submittal. Notwithstanding the foregoing, Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that the obtaining of the same shall be Tenant’s responsibility; provided, however, that Landlord shall shall, in any event, cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent provided that Landlord may not be unreasonably withheld. Landlord shall provide withhold its consent, in its sole discretion, to any approvals and take any actions required under this Tenant Work Letter within change in the time periods specified herein, orApproved Working Drawings, if no time period is specified, then within five such change would directly or indirectly delay the Substantial Completion of the Premises and/or would result in an Over-Allowance Cap (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveas defined below).
Appears in 1 contract
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (in accordance with Section 3.3 above prior to the commencement of construction of each Portion of the Premises by Tenant. The Final Working Drawings as approved by Landlord for each Portion of the Premises shall be referred to herein as the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, . Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with all applicable building permits prior to Landlord’s review approval thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings (“Changes”) may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld; provided, that Tenant shall have the right to modify the Approved Working Drawings without Landlord’s consent if such modifications are minor, do not contain a Design Problem, and will not adversely affect the quality of the construction or use materials or equipment lower in quality than as set forth in the Approved Working Drawings. Landlord shall provide not disapprove any approvals and take any actions required under this requested Change (a “Change Request”) to a Portion of the Premises which Landlord has previously approved with respect to another Portion of the Premises (unless such Change Request would create a Design Problem with respect to that applicable portion of the Premises). Landlord shall advise Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business daysdays after Landlord’s receipt of a Change Request, if a Design Problem exists with respect to such Change Request, otherwise Landlord shall approve such Change Request. If Landlord fails to timely respond as to whether a Design Problem exists, Tenant may deliver to Landlord a second written request, which written notice must state in bold and all caps, “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE APPROVAL OF THE CHANGE REQUEST.” If Landlord fails to advise Tenant whether a Design Problems exists within such three (3) business day period, then Landlord will be deemed to have approved the applicable Change Request. If Landlord advises Tenant that a Design Problem exists with respect to a Change Request, Tenant shall cause the applicable Change Request to be revised to correct such Design Problem. Landlord shall approve any re-submittal of a Change Request within three (3) business days after receipt thereof and Landlord’s failure to timely respond within such three (3) business day period shall be deemed a Landlord Delay, subject to the terms be Landlord’s approval of Section 1.3, abovesuch Change request.
Appears in 1 contract
Samples: Service Agreement (Twilio Inc)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission commencement of construction of the Premises by Tenant. Concurrently with Tenant’s delivery of the Final Working Drawings to Landlord for Landlord’s approval, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits permits, provided that Tenant shall EXHIBIT B -4- Britannia Pointe Grand Limited Partnership [Britannia Pointe Grand Business Park] [Allogene Therapeutics, Inc.] have the right to submit to the City a coordinated set of drawings, complete to the extent required to commence the plan check, the first phase in the permitting process (the “PermitsPermit Set”) and commencement of construction ), prior to approval of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required Final Construction Documents by Landlord (and Tenant acknowledges that Landlord shall not be responsible for any delays or costs incurred by Tenant in accordance with this Tenant Work Letter, Tenant may submit the event that Landlord requires revisions to the Final Working Drawings after the date of such submission of plans to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval City by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the PermitsTenant). Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, orconditioned, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveor delayed.
Appears in 1 contract
Samples: Lease (Allogene Therapeutics, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the submission commencement of construction of the Premises by Tenant. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits). Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises with respect to the Tenant Improvements, and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld, conditioned or delayed. In the event that Landlord shall provide fails to respond to a written request (an “Approval Request”) from Tenant for approval of any approvals and take any actions required under this Tenant Work Letter change to the Approved Working Drawings which requires Landlord’s prior written consent within the time periods specified herein, or, if no time period is specified, then within five three (53) business days. days after Landlord’s receipt of such Approval Request, such failure to timely respond shall be deemed Landlord’s approval of the proposed change set forth in the Approval Request. In addition, in the event that Landlord disapproves of a proposed change in an Approval Request, Landlord Delayshall provide Tenant with a written explanation of such disapproval and the parties shall thereafter meet and confer and negotiate in good faith to reach an agreement with respect to such proposed change. Notwithstanding the foregoing, subject Tenant may make changes to the terms Approved Working Drawings without Landlord’s prior written consent (but with prompt written notice to Landlord setting forth the type, scope and cost of Section 1.3such change) in the event such changes (i) are required by the City of Santa Xxxxx or other applicable governmental body having jurisdiction over the Premises, above.Building or Project and are substantially consistent with the design intent of the Approved Working Drawings, or (ii) consist of minor field changes that (A) are consistent with the intent or required for the proper execution of the Approved Working Drawings, and (B) will not materially and adversely affect the design, use or operation of the Premises or the Tenant Improvements. EXHIBIT B SECTION 4
Appears in 1 contract
Approved Working Drawings. The Tenant shall not commence any work on the Premises until the Final Working Drawings shall be have been approved by Landlord (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof"APPROVED WORKING DRAWINGS"). After approval by Landlord of the Final Working Drawings, Tenant shall promptly submit such Approved Working Drawings the same to the appropriate governmental authorities for the Permitsall applicable building permits. Tenant hereby acknowledges and agrees that neither Landlord nor Landlord’s consultants shall not be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's sole responsibility; provided, however, that Landlord shall reasonably cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable required by Law for Tenant to obtain any such permit or certificate of occupancy, provided that such cooperation is at no cost to Landlord and does not subject Landlord to any obligation or liability. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheldwithheld or delayed, except that Landlord may withhold its consent in Landlord's sole and absolute discretion with respect to any change, modification or alteration that is inconsistent with the Final Space Plan or that may affect (a) the structural elements or components of the Building, or (b) any mechanical (including HVAC), electrical, plumbing, life safety, or sprinkler systems in or serving the Premises or any other part of the Building, (c) the exterior of the Building, or (d) the premises of any other tenant or occupant (including Landlord) of the Building. Tenant shall promptly provide Landlord shall provide with any approvals and take any actions required under this change, modification or alteration in the Approved Working Drawings that Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure considers to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, aboveimmaterial.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Approved Working Drawings. The Final Working Drawings Landlord shall be approved by Landlord (submit the “Approved Working Drawings”) prior to the submission of the same ------------------------- Drawings to the appropriate municipal authorities governmental entities for all applicable building permits (the “Permits”) and commencement necessary to allow "Contractor," as that term is defined in Section 4.1 of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit to commence and fully complete the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord construction of the Final Improvements (the "Permits"). If Tenant desires any change, modification or alteration in the Approved Working Drawings, Tenant shall submit such Approved Working Drawings for must first obtain the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the reasonable prior written consent of Landlord, which consent provided that Landlord may not be unreasonably withheldrefuse to consent to such change order solely on the basis that such change order will increase the cost of the Improvements (but Landlord may refuse to consent if such change order would result in the aggregate cost of Landlord's Compliance Work exceeding $75,000.00). Prior to commencing any change requested by Tenant to the Approved Working Drawings, Landlord shall provide any approvals prepare and take any actions deliver to Tenant, for Tenant's approval, a change order ("Change Order") setting forth the additional time required under this to perform the change and the total cost of such change, which shall include associated architectural, engineering and Contractor's fees. If Tenant Work Letter fails to approve such Change Order in writing within the time periods specified herein, or, if no time period is specified, then within five two (52) business days. days after such delivery by Landlord’s failure to timely respond , Tenant shall be deemed a to have withdrawn the Change Order and Landlord Delay, subject shall not proceed to perform the terms of Section 1.3, abovechange.
Appears in 1 contract
Samples: Plumtree Software Inc
Approved Working Drawings. The Landlord shall promptly submit the Final Working Drawings shall be reasonably approved by Landlord and Tenant (the “Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities governmental entities for all applicable building permits necessary to allow “Contractor,” as that term is defined in Section 4.1 of this Tenant Work Letter, to commence and fully complete the construction of the Improvements (the “Permits”) and commencement of construction of ). If Tenant desires any change, modification or alteration in the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Approved Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to must first obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written reasonable consent of Landlord, which consent may shall be provided or reasonably withheld within three (3) business days. Otherwise, such consent shall not be unreasonably withheld, delayed or conditioned. Prior to commencing any change requested by Tenant to the Approved Working Drawings, Landlord shall provide any approvals prepare and take any actions deliver to Tenant, for Tenant’s approval, a change order (“Change Order”) setting forth the additional time required under this to perform the change and the total cost of such change, which shall include associated architectural, engineering and Contractor’s fees. If Tenant Work Letter fails to approve such Change Order in writing within the time periods specified herein, or, if no time period is specified, then within five two (52) business days. Landlord’s failure days after such delivery by Landlord as to timely respond any change requested by Tenant, Tenant shall be deemed a to have withdrawn the Change Order and Landlord Delay, subject shall not proceed to perform the terms of Section 1.3, abovechange.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall may submit such Approved Working Drawings the same to the City of Los Angeles for all applicable building permits. To the Permitsextent that portions of the construction can be commenced pursuant to valid permits, Tenant may commence construction on that portion of the Tenant Improvements which have been consented to by Landlord. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material Except for changes, modifications or alterations in the Approved Working Drawings which do not create a Design Problem (in which case notice shall be given to Landlord but no consent shall be required from Landlord), no changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord withheld in Landlord's sole discretion and shall provide any approvals and take any actions required under this Tenant Work Letter be granted or denied within the time periods specified herein, or, if no time period is specified, then within five three (53) business days. days following Tenant's written request and Landlord’s 's receipt of the Approved Working Drawings, as materially changed, modified or altered; provided that Landlord's failure to timely respond to Tenant shall be deemed a Landlord Delay, subject Landlord's approval only with respect to the terms of Section 1.3change, abovemodification or alteration set forth in Tenant's request given to Landlord.
Appears in 1 contract
Approved Working Drawings. The Construction of the Improvements shall not commence until the Final Working Drawings therefor shall be approved by Landlord (the “"Approved Working Drawings”) prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this "). Tenant Work Letter, Tenant may shall submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permitsall applicable building permits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings (“Changes”) which constitute a Design Problem (provided that in such event Tenant shall provide reasonable prior notice of any such Change) may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this advise Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business daysdays after Tenant’s delivery of a Change request pursuant to the TCCs of Section 29.18 of the Lease if there is a Design Problem with respect to such Change request otherwise Landlord shall approve such Change request. In addition, Landlord shall not disapprove any Change to a floor of the Premises which Landlord has previously approved with respect to another floor of the Premises unless there is a Design Problem with respect to such Change. If Landlord fails to respond within such five (5) business day period, then Tenant shall have the right to deliver a second notice to Landlord requesting Landlord's approval of such Change (which second notice shall include a copy of such Change), and if Landlord fails to respond within two (2) business day following Tenant’s delivery of such second notice pursuant to the TCCs of Section 29.18 of the Lease, then Landlord shall be deemed to have approved the applicable Change. If Landlord advises Tenant that a Design Problem exists with respect to a Change request, Tenant shall cause the applicable Change request to be revised to correct such Design Problem. Landlord shall approve any re-submittal of a Change request within two (2) business days after Tenant’s delivery thereof pursuant to the TCCs of Section 29.18 of the Lease and Landlord’s failure to timely respond within such two (2) business day period shall be deemed a Landlord Delay, subject to the terms be Landlord’s approval of Section 1.3, abovesuch Change request.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “"Approved Working Drawings”") prior to the submission of the same to the appropriate municipal authorities for all applicable building permits (the “"Permits”") and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s 's risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permits. Tenant hereby agrees that neither Landlord nor Landlord’s 's consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s 's responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld. Landlord shall provide any approvals and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.. EXHIBIT B SECTION 4
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Approved Working Drawings. The Final Working Drawings with the changes required by Landlord pursuant to Section 3.2 above, if any, shall be approved by Landlord within five (5) business days after the date Tenant delivers the revised Final Working Drawings to Landlord prior to the commencement of construction of Tenant’s Work (the “Approved Working Drawings”). Landlord’s failure to respond within the said five (5) prior to business day period shall be deemed as Landlord’s approval. Upon receipt by Tenant of the submission of Approved Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits (the “Permits”) and commencement of construction of the Premises by Tenant.; provided, however, at Tenant’s election and at Tenant’s risk with respect to any subsequent changes that may be required by Landlord in accordance with this Tenant Work Letter, Tenant may submit the Final Working Drawings to the appropriate municipal authorities for Permits concurrently with Landlord’s review thereof. After approval by Landlord of the Final Working Drawings, Tenant shall submit such Approved Working Drawings for the Permitspermits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s sole responsibility; provided, however, that Landlord shall cooperate cooperate, at no cost to Landlord, with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No material changes, modifications or alterations in the Approved Working Drawings Drawings, the cost of which exceeds $50,000.00, may be made without the prior written consent of Landlord, which consent may shall not be unreasonably withheld. , conditioned or delayed, provided, however, that written consent of Landlord shall provide will be required for any approvals such changes, modifications or alterations that cost less than $50,000.00 if such changes, modifications or alterations (a) require a new or modified building permit, or (b) involve or affect any of the structural elements of the Building, or any of the Building’s systems, including, without limitation, the Building’s electrical, mechanical, plumbing, security, heating, ventilating, air-conditioning, communication, or fire and take any actions required under this Tenant Work Letter within the time periods specified herein, or, if no time period is specified, then within five (5) business days. Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.life safety systems SECTION 4
Appears in 1 contract
Samples: Letter (Markwest Hydrocarbon Inc)