Common use of Base Building Plans Clause in Contracts

Base Building Plans. a. Landlord and Tenant acknowledge that attached as Schedule 3 hereto are preliminary plans and specifications for the Base Building (the "Baseline Plans"). No later than two hundred forty (240) days following the date of the Lease, Landlord shall provide to Tenant initial plans and construction drawings for the completion of the Base Buildings ("Preliminary Building Plans"), which Preliminary Building Plans shall not deviate from the Baseline Plans in any way that would have a material impact on Tenant's intended use and occupancy of the Premises. The Preliminary Buildings Plans may, but need not be, permitted by applicable governmental authorities at the time of delivery to Tenant. Tenant shall review the same and notify Landlord in writing of either its approval of the Preliminary Building Plans or of any modifications that Tenant may reasonably require for its intended use and .occupancy of the Premises. Landlord shall make any such required modifications at no cost to Tenant so long as such changes (x) do not cause, and are not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or (y) are necessary due to a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises. The costs of changes to the Baseline Plans required for compliance with Applicable Laws shall be borne by Landlord, provided, however, that if a change is attributable not to an office building in general but due to Tenant's specific intended use of the Building, the cost of any such change shall be borne by Tenant. So long as any such Tenant request does not cause, and is not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or if such changes are necessary to resolve any deviation between the Baseline Plans and the Preliminary Building Plans or if such changes are intended to prevent a material impact on Tenant's intended use and occupancy of the Premises, Landlord will not unreasonably withhold or delay its approval of Tenant's requested changes. If Landlord objects to any modifications required by Tenant in the Preliminary Building Plans which modifications are not required to resolve a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises, the parties shall promptly confer to resolve all issues related to the Preliminary Building Plans. In the event Tenant requests a change to the Preliminary Building Plans that causes, or is reasonably expected to cause, the Base Costs to exceed the Base Improvement Allowance and such changes are not necessary to resolve a deviation from the Baseline Plans, Landlord may condition its approval of such change on Tenant's agreement to pay for the Excess Base Costs relating to such change. If Landlord has so conditioned its approval to a change on Tenant's agreement to pay the Excess Base Costs, Tenant may (x) withdraw its change request or (y) agree to pay the amount of the Excess Base Cost relating to the change request in accordance with Paragraph 2.b.

Base Building Plans. a. Landlord and Tenant acknowledge that attached as Schedule 3 hereto are preliminary plans and specifications for shall prepare or cause to be prepared the Base Building (the "Baseline Plans"). No Plans not later than two hundred forty (240) days following December 31, 2004, subject to extension for Excusable Delay. The Base Building Plans shall provide for Base Building Work consistent with the date general description of the LeaseBase Building Work in Exhibit D. Without limiting the immediately preceding sentence, Landlord the Base Building Plans shall provide to Tenant initial plans and construction drawings include the GMT Lab Work in preparation for the an anticipated future GMT Lab. Upon completion of the Base Buildings ("Preliminary Building Plans"), which Preliminary a list identifying the Base Building Plans shall not deviate be attached as, and substituted for, Exhibit D to this Lease. Landlord may modify the Base Building Plans from time to time, provided that (i) if any modification of the Baseline Base Building Plans would result in any way that a change in the Base Building Work which would have a material impact on Tenant's intended use and occupancy materially affect (A) the layout of the Premises. The Preliminary Buildings Plans may, but need not be(B) the Common Areas, permitted by applicable governmental authorities at (C) the time of delivery to Tenant. Tenant shall review the same and notify Landlord in writing of either its approval of the Preliminary Building Plans or of any modifications that Tenant may reasonably require for its intended use and .occupancy of the Premises. Landlord shall make any such required modifications at no cost to Tenant so long as such changes (x) do not cause, and are not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or (y) are necessary due to a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises. The costs of changes to the Baseline Plans required for compliance with Applicable Laws shall be borne by Landlord, provided, however, that if a change is attributable not to an office building in general but due to Tenant's specific intended use exterior skin of the Building, or (D) Building systems so as to materially affect the cost quality of any such change shall be borne by Tenant. So long as any such Tenant request does not cause, and is not reasonably expected by Landlord services to cause, the Base Costs to exceed the Base Improvement Allowance or if such changes are necessary to resolve any deviation between the Baseline Plans and the Preliminary Building Plans or if such changes are intended to prevent a material impact on Tenant's intended use and occupancy of the Premises, Landlord will give Tenant written notice of such modification and such modification will be subject to Tenant’s approval, which approval shall not be unreasonably withhold withheld or delay its approval delayed, and (ii) Landlord will periodically, at the request of Tenant's requested changes. If Landlord objects Tenant from time to any time, provide to Tenant a summary of all modifications required by Tenant in the Preliminary Building Plans which modifications are not required to resolve a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises, the parties shall promptly confer to resolve all issues related to the Preliminary Base Building Plans. In the event Tenant requests a change If, pursuant to the Preliminary immediately preceding sentence, any modification of the Base Building Plans that causesrequires Tenant’s approval, Tenant shall, within five (5) Business Days after receipt of the proposed modification, by written notice to Landlord, approve or disapprove the modification. In any disapproval of any modification, Tenant shall specify in reasonable detail the respects in which the proposed modification is reasonably expected not satisfactory to causeTenant. If, within five (5) Business Days after receipt of any proposed modification of the Base Costs to exceed the Base Improvement Allowance and such changes are not necessary to resolve a deviation from the Baseline Building Plans, Landlord may condition its approval of such change on Tenant's agreement Tenant does not so respond in writing to pay for the Excess Base Costs relating to such change. If Landlord has so conditioned its approval to a change on Tenant's agreement to pay the Excess Base CostsLandlord, Tenant may (x) withdraw its change request or (y) agree will be deemed to pay have approved the amount of the Excess Base Cost relating to the change request in accordance with Paragraph 2.bmodification.

Base Building Plans. a. Landlord Not later than October 31, 2009, Landlord, in consultation with Tenant, shall prepare or cause to be prepared, and shall submit to Tenant acknowledge that attached as Schedule 3 hereto are preliminary plans for review and specifications for approval, the Base Building (Plans, which shall be consistent with the "Baseline Plans"). No later than two hundred forty (240) days following the date of the Lease, Landlord shall provide to Tenant initial plans and construction drawings for the completion general description of the Base Buildings Building Work and the typical schematic floor plans attached hereto as Exhibit E, and shall provide for a design of the Building that will accommodate the Expansion ("Preliminary with sufficient detail to permit Tenant to design the Tenant Improvements Work so as to permit the efficient future adaptation of the Building systems and other components to such Expansion). Within ten Business Days after receipt of the Base Building Plans"), which Preliminary Tenant shall, by written notice to Landlord, approve or disapprove the Base Building Plans; provided that: (i) Tenant will not unreasonably disapprove proposed Base Building Plans; and (ii) in considering Base Building Plans, Tenant’s scope of review shall be limited to considering the consistency of the Base Building Plans with Exhibit E and whether the Building as contemplated by the Base Building Plans will accommodate the Expansion. In any disapproval of Base Building Plans, Tenant shall specify in reasonable detail the respects, consistent with Tenant’s scope of review, in which the Base Building Plans are not deviate satisfactory to Tenant and the changes that Tenant desires in order that the Base Building Plans will be satisfactory to Tenant. If, within ten Business Days after receipt of the proposed Base Building Plans, Tenant does not so respond in writing to Landlord, Tenant will be deemed to have approved the Base Building Plans. After receiving any permitted notice of disapproval from Tenant with respect to the Baseline Base Building Plans, Landlord will revise the Base Building Plans as reasonably requested by Tenant and will resubmit the revised Base Building Plans to Tenant for review and approval in any way that would accordance with the procedures set forth above. Landlord may modify the approved Base Building Plans from time to time; provided that: (x) such modification does not have a material impact on Tenant's intended use and occupancy the size, quality, functionality or aesthetic appearance of the Premises. The Preliminary Buildings Building; (y) if any modification of the Base Building Plans maywould result in a change in the Base Building Work within Tenant’s scope of review as described above, but need not be, permitted by applicable governmental authorities at the time of delivery such modification shall be subject to Tenant’s review and approval under the procedures set forth above; and (z) Landlord shall be responsible for any increase in the Base Building Costs and/or Tenant Improvements Costs resulting from any modification of the Base Building Plans initiated by Landlord. Tenant Landlord shall review be fully responsible for compliance of the same Base Building Plans with all Legal Requirements and notify Landlord in writing of either its for assuring that the Base Building Plans provide for Base Building Work that will comply with all Legal Requirements. Tenant’s approval of the Preliminary Base Building Plans shall not constitute a certification, representation or of any modifications warranty by Tenant that Tenant may reasonably require for its intended use and .occupancy of the Premises. Landlord shall make any such required modifications at no cost to Tenant so long as such changes (x) do not cause, and are not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance Building Plans are adequate, complete or (y) are necessary due to a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises. The costs of changes to the Baseline Plans required for in compliance with Applicable Laws shall be borne by Landlord, provided, however, that if a change is attributable not to an office building in general but due to Tenant's specific intended use of the Building, the cost of any such change shall be borne by Tenant. So long as any such Tenant request does not cause, and is not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or if such changes are necessary to resolve any deviation between the Baseline Plans and the Preliminary Building Plans or if such changes are intended to prevent a material impact on Tenant's intended use and occupancy of the Premises, Landlord will not unreasonably withhold or delay its approval of Tenant's requested changes. If Landlord objects to any modifications required by Tenant in the Preliminary Building Plans which modifications are not required to resolve a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises, the parties shall promptly confer to resolve all issues related to the Preliminary Building Plans. In the event Tenant requests a change to the Preliminary Building Plans that causes, or is reasonably expected to cause, the Base Costs to exceed the Base Improvement Allowance and such changes are not necessary to resolve a deviation from the Baseline Plans, Landlord may condition its approval of such change on Tenant's agreement to pay for the Excess Base Costs relating to such change. If Landlord has so conditioned its approval to a change on Tenant's agreement to pay the Excess Base Costs, Tenant may (x) withdraw its change request or (y) agree to pay the amount of the Excess Base Cost relating to the change request in accordance with Paragraph 2.bLegal Requirements.

Base Building Plans. a. Prior to commencing any Base Building Work, Tenant will cause Tenant’s Architect to prepare and submit to Landlord for review and Tenant acknowledge that attached as Schedule 3 hereto are preliminary plans and specifications approval Base Building Plans, consisting of construction documents for the Base Building (Work sufficient to obtain a building permit from the "Baseline Plans"). No later than two hundred forty (240) days following the date City of the Lease, Landlord shall provide to Tenant initial plans Cambridge inspectional services department and construction drawings for the completion bidding of the Base Buildings ("Preliminary Building Work. In the process of developing the Base Building Plans"), which Preliminary Building Plans shall not deviate from the Baseline Plans in any way that would have a material impact on Tenant's intended use and occupancy of the Premises. The Preliminary Buildings Plans may, but need not be, permitted by applicable governmental authorities at the time of delivery to Tenant. Tenant shall cause Tenant’s Architect to prepare and submit to Landlord for review the same and notify Landlord in writing approval a set of either its approval each of the schematic and design development plans as Preliminary Base Building Plans. Within five Business Days after receipt of any proposed Preliminary Base Building Plans or of any modifications that Tenant may reasonably require for its intended use and .occupancy of the Premises. Base Building Plans, Landlord shall make any such required modifications at no cost to Tenant so long as such changes (x) do not causeshall, and are not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or (y) are necessary due to a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises. The costs of changes to the Baseline Plans required for compliance with Applicable Laws shall be borne by Landlord, provided, however, that if a change is attributable not to an office building in general but due written notice to Tenant's specific intended use of , reasonably approve or disapprove the Building, the cost of any such change shall be borne by Tenantsame. So long as any such Tenant request does not cause, and is not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or if such changes are necessary to resolve any deviation between the Baseline Plans and the Preliminary Building Plans or if such changes are intended to prevent a material impact on Tenant's intended use and occupancy of the Premises, Landlord will not unreasonably withhold or delay its approval of Tenant's proposed Preliminary Base Building Plans or Base Building Plans, and in any disapproval of proposed Preliminary Base Building Plans or Base Building Plans (in whole or in part), Landlord shall specify in reasonable detail the respects in which the Preliminary Base Building Plans or Base Building Plans are not satisfactory to Landlord and the changes which Landlord desires in order that the Preliminary Base Building Plans or Base Building Plans will be satisfactory to Landlord. After receiving any notice of disapproval from Landlord with respect to proposed Preliminary Base Building Plans or Base Building Plans, Tenant will revise the same as reasonably requested changesby Landlord and will resubmit the revised Preliminary Base Building Plans or Base Building Plans to Landlord for review and approval in accordance with the procedures set forth in this Section. If Landlord objects to will not disapprove any modifications required by element of proposed Preliminary Base Building Plans or Base Building Plans that are provided for in, or reasonably inferable from, previously approved Preliminary Base Building Plans or the scope of work described in Exhibit D hereto. Tenant may make changes in the Preliminary approved Base Building Plans only with the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Tenant may make minor field work changes in the approved Base Building Plans which modifications are not required to resolve a deviation from do not, individually or in the Baseline Plans that will have a material impact on Tenant's intended use and occupancy aggregate, materially adversely affect the quality, functionality or aesthetic appearance of the PremisesBase Building Work or the Building, with notice to Landlord (without the parties requirement of consent) where Tenant’s general contractor is obligated to provide Tenant with notice of the same. Landlord’s approval of Preliminary Base Building Plans or Base Building Plans shall promptly confer not, and shall not be deemed to, be a certification, representation or warranty by Landlord that the same are adequate, complete or in compliance with Legal Requirements, provided that nothing in this sentence shall relieve Landlord of its obligations for ongoing maintenance of the Base Building Work as described in Section 3.1(e), below. Landlord may, at its election, have one or more architects and/or engineers selected by Landlord review proposed Preliminary Base Building Plans, Base Building Plans and/or any proposed changes therein. All such reviews shall be for the sole benefit of Landlord and neither Landlord nor such architects and/or engineers shall have any liability or obligation to resolve all issues related Tenant or any other Person with respect to the Preliminary Building Plans. In the event Tenant requests a change to the Preliminary Base Building Plans that causes, or is reasonably expected to cause, the Base Costs to exceed the Base Improvement Allowance and such changes are not necessary to resolve a deviation from the Baseline Plans, Landlord may condition its approval of such change on Tenant's agreement to pay for the Excess Base Costs relating to such change. If Landlord has so conditioned its approval to a change on Tenant's agreement to pay the Excess Base Costs, Tenant may (x) withdraw its change request or (y) agree to pay the amount of the Excess Base Cost relating to the change request in accordance with Paragraph 2.bBuilding Work.

Base Building Plans. a. Subject to the terms of Subsection II.A.(3), above, and within the time frames set forth in the Approved Schedule, Landlord shall cause Landlord’s Architect and Tenant acknowledge that attached as Schedule 3 hereto are preliminary plans and specifications for other Design Professionals to prepare the Base Building Plans, and Tenant shall provide to Landlord, for Landlord’s review and approval (which shall not be unreasonably withheld, conditioned or delayed), Tenant’s Load Letter. As the "Baseline Plans"). No later than two hundred forty (240) days following the date of the LeaseBase Building Plans are completed, Landlord shall provide copies thereof to Tenant initial plans for its review and construction drawings approval. Tenant may disapprove any Base Building Plans submitted to it for its approval only if Tenant reasonably determines that such Base Building Plans are materially inconsistent with the completion of Site Plan, Preliminary Budget and/or the Outline Specifications. Tenant shall use all due diligence and reasonable efforts to review the Base Buildings ("Preliminary Building Plans")Plans and to provide Landlord with written notice of its approval or disapproval thereof, which Preliminary in accordance with the time frames set forth in the Approved Schedule, and if disapproved by Tenant, Tenant shall return such Base Building Plans to Landlord with its explicit objections and suggested modifications. If Tenant’s modifications are acceptable to Landlord, the Base Building Plans shall not deviate from thereafter be revised by Landlord’s architect to reflect the Baseline Plans in any way that would have a material impact on Tenant's intended use applicable changes, and occupancy of the Premises. The Preliminary Buildings Plans may, but need not be, permitted by applicable governmental authorities at same shall be resubmitted to Tenant for approval within the time frames set forth in the Approved Schedule. If, upon receipt of delivery to Tenant. Tenant shall review the same and notify Landlord in writing of either its approval of the Preliminary Building Plans or of any modifications that Tenant may reasonably require for its intended use and .occupancy of the Premises. Landlord shall make any such required modifications at no cost to Tenant so long as such changes (x) do not cause, and are not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or (y) are necessary due to a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises. The costs of changes to the Baseline Plans required for compliance with Applicable Laws shall be borne by Landlord, provided, however, that if a change is attributable not to an office building in general but due to Tenant's specific intended use of the Building, the cost of any such change shall be borne by Tenant. So long as any such Tenant request does not cause, and is not reasonably expected by Landlord to cause, the Base Costs to exceed the Base Improvement Allowance or if such changes are necessary to resolve any deviation between the Baseline Plans and the Preliminary Building Plans or if such changes are intended to prevent a material impact on Tenant's intended use and occupancy of the Premises’s proposed modifications, Landlord will not unreasonably withhold or delay its approval of Tenant's requested changes. If Landlord objects wishes to any modifications required by Tenant in the Preliminary Building Plans which modifications are not required to resolve a deviation from the Baseline Plans that will have a material impact on Tenant's intended use and occupancy of the Premises, the parties shall promptly confer to resolve all issues related to the Preliminary Building Plans. In the event Tenant requests a change to the Preliminary Building Plans that causes, or is reasonably expected to cause, the Base Costs to exceed the Base Improvement Allowance and such changes are not necessary to resolve a deviation from the Baseline Planstake exception thereto, Landlord may condition do so within five (5) business days after the date upon which Landlord first received Tenant’s proposed modifications. In such event, Landlord shall deliver revised Base Building Plans to Tenant prior to the expiration of such five (5) business day period, and Tenant shall grant its approval or disapproval thereto, and/or state any further objections or proposed modifications, within five (5) business days after receipt thereof. After the first submission and resubmission, Landlord and Tenant agree to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party, and to deliver revised submissions or objections within a five (5) business day period. The parties shall, in all events, attempt to reach agreement as soon as possible, and within the time frames set forth in the Approved Schedule. The process of such change on Tenant's submissions and resubmissions shall continue thereafter until final agreement is reached. Each party agrees that its failure to pay for the Excess Base Costs relating to such change. If Landlord has so conditioned its approval respond to a change on Tenant's agreement to pay submission or resubmission within the Excess Base Costs, Tenant may (x) withdraw its change request or (y) agree to pay the amount above-referenced time frames shall constitute such party’s acceptance of the Excess Base Cost relating to the change request submission or resubmission in accordance with Paragraph 2.bquestion.