Common use of Base Building Plans Clause in Contracts

Base Building Plans. Landlord will cause the Base Building Architect to prepare (and, as appropriate, revise) site plans, concept plans, foundation and shell building construction documents and other plans, drawings, specifications and construction documents for the Base Building. All such plans, drawings, specifications and other construction documents will be consistent in all material respects with the scope, design or general quality of the Base Building as reflected in the Review Plans and Specifications. On or before May 24, 2001, all such plans, drawings, specifications and construction documents will be submitted to Tenant and Tenant’s Consultant (if any), not for Tenant’s approval, but only to allow Tenant to confirm that the same are consistent in all material respects with the scope, design or general quality of the Base Building as reflected in the Review Plans and Specifications, and Tenant may, by appropriate marking, provide specific indications of any non-compliance with the Review Plans and Specifications or any requested revisions (in which event the relevant plans, drawing, specifications or other construction documents will be revised by the Base Building Architect and resubmitted to Tenant on or before 10 Business Days after Landlord's receipt of Tenant's specific indications of any non-compliance or requested revisions, and the process repeated, until finally completed in full; provided, however, in no event will this process extend beyond June 30, 2001). In no event will Tenant's requested revisions require or result in a material change in the scope, design or general quality of the Base Building as reflected in the Review Plans and Specifications, including, without limitation, any change in the rentable or useable floor area of the Base Building. Tenant will provide specific indications of any non-compliance with the Review Plans and Specifications or requested revisions to any items submitted pursuant to this subparagraph (a) no later than 5 Business Days after receipt by Tenant and Tenant’s Consultant (if any). The failure of Tenant to notify Landlord of any non-compliance or requested revisions within 5 Business Days after Tenant's receipt of such items will be deemed to be a lack of objection thereof by Tenant.

Base Building Plans. Landlord will Not later than October 31, 2009, Landlord, in consultation with Tenant, shall prepare or cause to be prepared, and shall submit to Tenant for review and approval, the Base Building Architect to prepare (andPlans, as appropriate, revise) site plans, concept plans, foundation and shell building construction documents and other plans, drawings, specifications and construction documents for the Base Building. All such plans, drawings, specifications and other construction documents will which shall be consistent in all material respects with the scope, design or general quality description of the Base Building Work and the typical schematic floor plans attached hereto as reflected in Exhibit E, and shall provide for a design of the Review Plans and Specifications. On or before May 24, 2001, all such plans, drawings, specifications and construction documents Building that will be submitted accommodate the Expansion (with sufficient detail to Tenant and Tenant’s Consultant (if any), not for Tenant’s approval, but only to allow permit Tenant to confirm that design the same are consistent in all material respects with Tenant Improvements Work so as to permit the scope, design or general quality efficient future adaptation of the Building systems and other components to such Expansion). Within ten Business Days after receipt of the Base Building as reflected in the Review Plans and SpecificationsPlans, and Tenant mayshall, by appropriate markingwritten notice to Landlord, provide specific indications 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 any non-compliance review shall be limited to considering the consistency of the Base Building Plans with Exhibit E and whether the Review Plans and Specifications or any requested revisions (in which event the relevant plans, drawing, specifications or other construction documents will be revised Building as contemplated by the Base Building Architect and resubmitted 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 satisfactory to Tenant on or before 10 and the changes that Tenant desires in order that the Base Building Plans will be satisfactory to Tenant. If, within ten Business Days after Landlord's receipt of Tenant's specific indications 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 any non-compliance or disapproval from Tenant with respect to the Base Building Plans, Landlord will revise the Base Building Plans as reasonably requested revisions, by Tenant and will resubmit the process repeated, until finally completed revised Base Building Plans to Tenant for review and approval in fullaccordance with the procedures set forth above. Landlord may modify the approved Base Building Plans from time to time; provided, however, in no event will this process extend beyond June 30, 2001). In no event will Tenant's requested revisions require or result in provided that: (x) such modification does not have a material change in impact on the scopesize, design quality, functionality or general quality aesthetic appearance of the Building; (y) if any modification of the Base Building as reflected Plans would result in the Review Plans and Specifications, including, without limitation, any a change in the rentable or useable floor area Base Building Work within Tenant’s scope of review as described above, 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 BuildingBuilding Plans initiated by Landlord. Landlord shall be fully responsible for compliance of the Base Building Plans with all Legal Requirements and for assuring that the Base Building Plans provide for Base Building Work that will comply with all Legal Requirements. Tenant’s approval of the Base Building Plans shall not constitute a certification, representation or warranty by Tenant will provide specific indications of any non-that the Base Building Plans are adequate, complete or in compliance with the Review Plans and Specifications or requested revisions to any items submitted pursuant to this subparagraph (a) no later than 5 Business Days after receipt by Tenant and Tenant’s Consultant (if any). The failure of Tenant to notify Landlord of any non-compliance or requested revisions within 5 Business Days after Tenant's receipt of such items will be deemed to be a lack of objection thereof by TenantLegal Requirements.

Base Building Plans. Once the Preliminary Plans are final pursuant to the process described in subsection (a) above (whether in their original form, or with changes that Landlord will cause has agreed to construct (whether as part of the Base Building Architect Work or as a Tenant Modification), Landlord shall cause to prepare be prepared (andi) a site plan showing the location and dimensions of the Base Building Work, as appropriate, revise(ii) site plans, concept plans, foundation and shell building construction documents and other plans, drawings, specifications and construction design development documents for the Base BuildingBuilding Work including, but not limited to: plans showing the proposed building elevations, and appropriate details as to Building Shell, Core Improvements and Common Area Improvements, including the proposed location, configuration, dimensions, composition and installation thereof, and (iii) such other information reasonably necessary for Tenant to develop the Space Plan (the “Base Building Plans”). All such plans, drawings, specifications and other construction documents will be consistent in all material respects with the scope, design or general quality of Landlord shall deliver the Base Building as reflected in the Review Plans and Specifications. On or before May 24, 2001, all such plans, drawings, specifications and construction documents will be submitted to Tenant and Tenant’s Consultant (if any), not for Tenant’s approvalas soon as reasonably practical after approval of the Preliminary Plans, but only to allow Tenant to confirm that the same are consistent in all material respects with the scope, design or general quality of the Base Building as reflected in the Review Plans and Specifications, and Tenant may, by appropriate marking, provide specific indications of any non-compliance with the Review Plans and Specifications or any requested revisions (in which event the relevant plans, drawing, specifications or other construction documents will be revised by the Base Building Architect and resubmitted to Tenant on or before 10 Business Days after Landlord's receipt of Tenant's specific indications of any non-compliance or requested revisions, and the process repeated, until finally completed in full; provided, however, in no event will this process extend beyond June 30, 2001). In no event will Tenant's requested revisions require or result in a material change in the scope, design or general quality later than one hundred twenty (120) days after City approval of the Base Building as reflected in the Review Plans and Specifications, including, without limitation, any change in the rentable or useable floor area of the Base Building. Tenant will provide specific indications of any non-compliance with the Review Plans and Specifications or requested revisions to any items submitted pursuant to this subparagraph Formal ARB Submittal Plans. (ai) no later than 5 Business Days after receipt by Tenant and Tenant’s Consultant Within fifteen (if any). The failure of Tenant to notify Landlord of any non-compliance or requested revisions within 5 15) Business Days after Tenant's receipt of the Base Building Plans, Tenant shall either approve the same, or deliver to Landlord in writing Tenant's specific objections thereto, together with Tenant's proposed solution to each such items will objection. Failure of Tenant to deliver to Landlord written notice of its objections within said period shall constitute approval of the Base Building Plans by Tenant. Tenant’s right to object to the Base Building Plans shall be deemed limited to those aspects that either (A) change the design of the Building so that the modified design materially interferes with Tenant's planned use of the Premises (as described by Tenant in writing pursuant to Section 2.1(a)(i) above), or (B) include other changes that are not in conformity with the requirements and specifications contained in the Preliminary Plans or Attachment 1. In the event Tenant objects to aspects other than those permitted above, then any changes based upon such objections shall be a lack Tenant Modification; provided such changes are approved by Landlord in its sole discretion. (ii) If Landlord agrees with Tenant's objections and proposed solutions, if any, to the Base Building Plans (whether as part of objection thereof the Base Building Work or a Tenant Modification), Landlord shall instruct the Base Building Architect to make appropriate revisions thereto. If Tenant's requested changes are unacceptable to Landlord, Landlord shall designate by written notice to Tenant the specific items that are not acceptable, and the reasons for such determination. Landlord and Tenant shall meet together to explore and identify reasonable alternatives and to agree to mutually acceptable changes to the Base Building Plans within ten (10) Business Days after delivery to Landlord of Tenant's requested changes. If Landlord and Tenant cannot agree to mutually acceptable changes within such ten (10) Business Day period, then Landlord shall have the final decision in its sole discretion whether or not to further modify the Base Building Plans as requested by Tenant.

Base Building Plans. Subject to the terms of Subsection II.A.(3), above, and within the time frames set forth in the Approved Schedule, Landlord will shall cause Landlord’s Architect and other Design Professionals to prepare the Base Building Architect Plans, and Tenant shall provide to prepare Landlord, for Landlord’s review and approval (andwhich shall not be unreasonably withheld, as appropriateconditioned or delayed), revise) site plans, concept plans, foundation and shell building construction documents and other plans, drawings, specifications and construction documents for the Base BuildingTenant’s Load Letter. All such plans, drawings, specifications and other construction documents will be consistent in all material respects with the scope, design or general quality of As the Base Building as reflected in Plans are completed, Landlord shall provide copies thereof to Tenant for its review and 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 Review Plans and Site Plan, Preliminary Budget and/or the Outline Specifications. On or before May 24, 2001, Tenant shall use all such plans, drawings, specifications due diligence and construction documents will be submitted reasonable efforts to Tenant and Tenant’s Consultant (if any), not for Tenant’s approval, but only to allow Tenant to confirm that the same are consistent in all material respects with the scope, design or general quality of review the Base Building as reflected Plans and to provide Landlord with written notice of its approval or disapproval thereof, in accordance with the time frames set forth in the Review Approved Schedule, and if disapproved by Tenant, Tenant shall return such Base Building Plans to Landlord with its explicit objections and Specificationssuggested modifications. If Tenant’s modifications are acceptable to Landlord, the Base Building Plans shall thereafter be revised by Landlord’s architect to reflect the applicable changes, and the same shall be resubmitted to Tenant for approval within the time frames set forth in the Approved Schedule. If, upon receipt of Tenant’s proposed modifications, Landlord wishes to take exception thereto, Landlord may 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 mayshall grant its approval or disapproval thereto, by appropriate markingand/or state any further objections or proposed modifications, provide specific indications of any non-compliance with within five (5) business days after receipt thereof. After the Review Plans first submission and Specifications resubmission, Landlord and Tenant agree to restrict further objections or any requested revisions (in disputes to matters which event the relevant plans, drawing, specifications have not previously been agreed upon or other construction documents will be revised accepted by the Base Building Architect and resubmitted to Tenant on or before 10 Business Days after Landlord's receipt of Tenant's specific indications of any non-compliance or requested revisionsother party, and the process repeated, until finally completed in full; provided, howeverto deliver revised submissions or objections within a five (5) business day period. The parties shall, in no event will this process extend beyond June 30all events, 2001). In no event will Tenant's requested revisions require or result in a material change attempt to reach agreement as soon as possible, and within the time frames set forth in the scope, design Approved Schedule. The process of submissions and resubmissions shall continue thereafter until final agreement is reached. Each party agrees that its failure to respond to a submission or general quality resubmission within the above-referenced time frames shall constitute such party’s acceptance of the Base Building as reflected submission or resubmission in the Review Plans and Specifications, including, without limitation, any change in the rentable or useable floor area of the Base Building. Tenant will provide specific indications of any non-compliance with the Review Plans and Specifications or requested revisions to any items submitted pursuant to this subparagraph (a) no later than 5 Business Days after receipt by Tenant and Tenant’s Consultant (if any). The failure of Tenant to notify Landlord of any non-compliance or requested revisions within 5 Business Days after Tenant's receipt of such items will be deemed to be a lack of objection thereof by Tenantquestion.

Base Building Plans. Landlord will shall prepare or cause to be prepared the Base Building Architect Plans not later than December 31, 2004, subject to prepare (and, as appropriate, revise) site plans, concept plans, foundation and shell building construction documents and other plans, drawings, specifications and construction documents extension for the Excusable Delay. The Base Building. All such plans, drawings, specifications and other construction documents will be Building Plans shall provide for Base Building Work consistent in all material respects with the scope, design or general quality description of the Base Building as reflected Work in Exhibit D. Without limiting the immediately preceding sentence, the Base Building Plans shall include the GMT Lab Work in preparation for an anticipated future GMT Lab. Upon completion of the Base Building Plans, a list identifying the Base Building Plans shall 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 Base Building Plans would result in a change in the Review Plans Base Building Work which would materially affect (A) the layout of the Premises, (B) the Common Areas, (C) the exterior skin of the Building, or (D) Building systems so as to materially affect the quality of services to the Premises, Landlord will give Tenant written notice of such modification and Specifications. On or before May 24, 2001, all such plans, drawings, specifications and construction documents modification will be submitted subject to Tenant and Tenant’s Consultant (if any), not for Tenant’s approval, but only which approval shall not be unreasonably withheld or delayed, and (ii) Landlord will periodically, at the request of Tenant from time to allow time, provide to Tenant a summary of all modifications to confirm that the same are consistent in all material respects with Base Building Plans. If, pursuant to the scopeimmediately preceding sentence, design or general quality any modification of the Base Building as reflected in the Review Plans and Specificationsrequires Tenant’s approval, and Tenant mayshall, by appropriate marking, provide specific indications of any non-compliance with the Review Plans and Specifications or any requested revisions within five (in which event the relevant plans, drawing, specifications or other construction documents will be revised by the Base Building Architect and resubmitted to Tenant on or before 10 5) Business Days after Landlord's receipt of Tenant's specific indications the proposed modification, by written notice to Landlord, approve or disapprove the modification. In any disapproval of any non-compliance or requested revisionsmodification, and Tenant shall specify in reasonable detail the process repeatedrespects in which the proposed modification is not satisfactory to Tenant. If, until finally completed in full; provided, however, in no event will this process extend beyond June 30, 2001). In no event will Tenant's requested revisions require or result in a material change in the scope, design or general quality within five (5) Business Days after receipt of any proposed modification of the Base Building as reflected Plans, Tenant does not so respond in the Review Plans and Specificationswriting to Landlord, including, without limitation, any change in the rentable or useable floor area of the Base Building. Tenant will provide specific indications of any non-compliance with the Review Plans and Specifications or requested revisions to any items submitted pursuant to this subparagraph (a) no later than 5 Business Days after receipt by Tenant and Tenant’s Consultant (if any). The failure of Tenant to notify Landlord of any non-compliance or requested revisions within 5 Business Days after Tenant's receipt of such items will be deemed to be a lack of objection thereof by Tenanthave approved the modification.