Common use of Compliance with Final Plans and Specifications Clause in Contracts

Compliance with Final Plans and Specifications. Before commencement of any change, alteration, restoration or construction involving (a) alteration of a structural component of the Building, (b) alteration of the exterior surface of the Building (excluding signage, landscaping and other matters that do not directly or permanently affect the exterior surface of the Building, and (c) non-structural alterations to the interior of the Building with an estimated cost of more than $100,000.00) (collectively, "Restricted Alterations"), Tenant shall: (i) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (ii) obtain Landlord's prior written consent, which consent shall not be dependent on aesthetic considerations and shall not be unreasonably withheld or delayed or conditioned so long as the Restricted Alterations do not affect any Building systems; (iii) obtain Landlord's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work if Tenant elects to engage such architect or engineer (hereinafter referred to as "Alterations Architect or Engineer"); and (iv) obtain Landlord's prior written approval of detailed Final Plans and Specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto. With respect to Landlord's prior approval of Restricted Alterations, (A) Landlord shall not unreasonably withhold, condition or delay its approval of non-structural Restricted Alterations, and (B) Landlord may withhold its approval of structural Restricted Alterations in its sole discretion. All changes or alterations under this Article 20 other than 50 56 Restricted Alterations are referred to as "Unrestricted Alterations." Tenant shall have the right to commence and proceed with Unrestricted Alterations without obtaining Landlord's prior consent or approval; provided, however, that Tenant shall give Landlord reasonable notice prior to commencement of the Unrestricted Alteration that it is making an Unrestricted Alteration.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

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Compliance with Final Plans and Specifications. Before commencement of any change, alteration, restoration or construction involving (a) alteration of a structural component of the Building, (b) alteration of the exterior surface of the Building (excluding signage, landscaping and other matters that do not directly or permanently affect the exterior surface of the Building, and (c) non-structural alterations to the interior of the Building with an estimated cost of more than $100,000.00) (collectively, "Restricted Alterations"), Tenant shall: (i) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (ii) obtain Landlord's ’s prior written consent, which consent shall not be dependent on aesthetic considerations and shall not be unreasonably withheld or delayed or conditioned so long as the Restricted Alterations do not affect any Building systems; (iii) obtain Landlord's ’s prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work if Tenant elects to engage such architect or engineer (hereinafter referred to as "Alterations Architect or Engineer"); and (iv) obtain Landlord's ’s prior written approval of detailed Final Plans and Specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto. With respect to Landlord's ’s prior approval of Restricted Alterations, (A) Landlord shall not unreasonably withhold, condition or delay its approval of non-structural Restricted Alterations, and (B) Landlord may withhold its approval of structural Restricted Alterations in its sole discretion. All changes or alterations under this Article 20 other than 50 56 Restricted Alterations are referred to as "Unrestricted Alterations." Tenant shall have the right to commence and proceed with Unrestricted Alterations without obtaining Landlord's ’s prior consent or approval; provided, however, that Tenant shall give Landlord reasonable notice prior to commencement of the Unrestricted Alteration that it is making an Unrestricted Alteration.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Compliance with Final Plans and Specifications. Before ---------------------------------------------- commencement of any change, alteration, restoration or construction involving (a) alteration of a structural component of the Building, (b) alteration of the exterior surface of the Building (excluding signage, landscaping and other matters that do not directly or permanently affect the exterior surface of the Building, and (c) non-structural alterations to the interior of the Building with an estimated cost of more than Two Hundred Fifty Thousand Dollars ($100,000.00250,000) (collectively, "Restricted Alterations"), Tenant shall: (i) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (ii) obtain Landlord's prior written consent, which consent shall not be dependent on aesthetic considerations and shall not be unreasonably withheld or delayed or conditioned so long as the Restricted Alterations do not affect any Building systemsconditioned; (iii) obtain Landlord's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work if Tenant elects to engage such architect or engineer (hereinafter referred to as "Alterations Architect or Engineer"); and (iv) obtain Landlord's prior written approval of detailed Final Plans and Specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto. With respect to Landlord's prior approval of Restricted Alterations, (A) Landlord shall not unreasonably withhold, condition or delay its approval of non-structural Restricted Alterations, and (B) Landlord may withhold its approval of structural Restricted Alterations in its sole discretion. All changes or alterations under this Article 20 other than 50 56 Restricted Alterations are referred to as "Unrestricted Alterations." Tenant shall have the right to commence and proceed with Unrestricted Alterations without obtaining Landlord's prior consent or approval; provided, however, that Tenant shall give Landlord reasonable notice prior to commencement of the Unrestricted Alteration that it is making an Unrestricted Alteration.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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Compliance with Final Plans and Specifications. Before ---------------------------------------------- commencement of any change, alteration, restoration or construction involving (ai) alteration of a structural component of the Building, or alteration of the electrical, plumbing or HVAC systems constructed as part of the Basic Building Improvements, (bii) alteration of the exterior surface of the Building (excluding signage, landscaping and other matters that do not directly or permanently affect the exterior surface of the Building), and (ciii) non-structural alterations to the interior of the Building with an estimated cost of more than One Hundred Thousand and No/100 Dollars ($100,000.00); or (iv) roof-top antennas or satellite dishes (collectively, "Restricted Alterations"), Tenant shall: (iA) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (iiB) obtain Landlord's prior written consent, which consent shall not be dependent on aesthetic considerations and shall not be unreasonably withheld or delayed or conditioned so long as the Restricted Alterations do not affect any Building systemsconditioned; (iiiC) obtain Landlord's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work if Tenant elects to engage such architect or engineer (hereinafter referred to as "Alterations Architect or Engineer"); and (ivD) obtain Landlord's prior written approval of detailed Final Plans and Specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto. With respect to Landlord's prior approval of Restricted Alterations, (A1) Landlord shall not unreasonably withhold, condition or delay its approval of non-structural Restricted AlterationsAlterations of the type described in clauses (iii) or (iv)), above, and (B) Landlord may withhold ---------------------- its approval of structural Restricted Alterations of the types described in clauses (i) or (ii), above in its sole discretion. All changes or ------------------- alterations under this Article 20 other than 50 56 Restricted Alterations are ---------- referred to as "Unrestricted Alterations." Tenant shall have the right to commence and proceed with Unrestricted Alterations without obtaining Landlord's prior consent or approval; provided, however, that Tenant shall give Landlord reasonable notice prior to commencement of the Unrestricted Alteration that it is making an Unrestricted Alteration.. (c)

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

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