Common use of Compliance with Plans and Specifications Clause in Contracts

Compliance with Plans and Specifications. Before commencement of any change, alteration, restoration or construction which will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”), or which in Landlord’s reasonable judgment would materially alter the mechanical, structural, electrical, plumbing, or fire/life safety systems of the Improvements, separately referred to as a “Structural Alteration” shall (i) furnish Landlord with detailed plans and specifications of the proposed Structural Alteration or Alteration; (ii) obtain Landlord’s prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration or Structural Alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, or any substantial part thereof to Landlord); (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 (hereinafter referred to as “Alterations Architect or Engineer”); (iv) obtain Landlord’s prior written approval of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto; and (v) furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. All Structural Alterations shall be performed by Landlord at the cost of Tenant.

Compliance with Plans and Specifications. Before commencement of any change, alteration, restoration or construction which will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”), "Work") involving in the aggregate an-estimated cost of more than Twenty-Five Thousand and No/100ths Dollars ($25,000.00) or which in Landlord’s 's reasonable judgment would materially alter the mechanical, structural, electrical, plumbing, structural or fire/life safety electrical systems of the Improvements, separately referred to as a “Structural Alteration” Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed Structural Alteration change or Alterationalteration; (ii) obtain Landlord’s 's prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration change or Structural Alteration alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, Improvements or any substantial part thereof to Landlord); (iii) obtain Landlord’s 's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, Tenant who shall supervise any such work (hereinafter referred to as “"Alterations Architect or Engineer”"); (iv) obtain Landlord’s 's prior written approval of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, Engineer and of each amendment and change thereto; and (v) furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s 's liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. All Structural Alterations shall be performed by Landlord at the cost of Tenant.

Compliance with Plans and Specifications. Before commencement Sections 2.01. Landlord to Construct Building per Plans and ------------- -------------------------------------------- Specifications. Landlord agrees to construct on the Demised Premises, at its -------------- sole cost and expense, a first-class building in a good and workmanlike manner and in compliance with all applicable building, zoning, and environmental regulations and restrictive covenants of record. Landlord shall use its best efforts to provide that any change, alteration, restoration or and all warranties that Landlord is entitled to under its construction which contract will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to also run in favor of Tenant. The Building shall be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”), or which constructed in Landlord’s reasonable judgment would materially alter the mechanical, structural, electrical, plumbing, or fire/life safety systems of the Improvements, separately referred to as a “Structural Alteration” shall (i) furnish Landlord accordance with detailed final plans and specifications to be prepared by X.X. Xxxxxxxxxx and Associates, Inc. , a copy of the proposed Structural Alteration or Alteration; (ii) obtain Landlord’s prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration or Structural Alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, or any substantial part thereof to Landlord); (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 (hereinafter referred to as “Alterations Architect or Engineer”); (iv) obtain Landlord’s prior written approval of detailed plans and specifications prepared to be approved by the parties hereto as identified by the initials of an officer of Landlord and approved in writing by said Alterations Architect an officer of Tenant (the "Plans and Specifications"). The respective parties have agreed that Landlord shall substantially complete and have ready for occupancy the Building and other improvements on or Engineerbefore May 1, 1996. Attached hereto as Exhibit C are preliminary drawings of the Building. --------- Landlord shall deliver to Tenant for review and of each amendment and change thereto; and (v) furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s liens or other liensapproval, encumbrances, security interests and charges, and (2) in accordance with the final plans and specifications approved on or before thirty (30) days after the execution hereof by Landlordthe latter of Landlord or Tenant, prepared by K.R. August 7, 1995 (American Way Manufacturing Center) Xxxxxxxxxx and Associates, Inc., which plans and specifications shall include all of the improvements to be constructed by Landlord (including, but not limited to, the Building, parking lots and driveways, bringing utilities to the Demised Premises). All Structural Alterations Tenant shall have fifteen (15) days after receipt of delivery of the same to approve or request revisions to said plans and specifications. Landlord shall have any revisions requested by Tenant made within five (5) days after notice thereof from Tenant, and provide Tenant proposed final Plans and Specifications for review and approval. The foregoing procedure shall then be applicable with such revised Plans and Specifications. If final Plans and Specifications are not agreed to by both parties within sixty (60) days from execution of this Lease by the latter of Landlord or Tenant, either party may terminate this Lease by written notice to the other within ten (10) days of the expiration of such sixty (60) day period, and neither party shall then have any further liability hereunder. After approving the same, said plans and specifications shall be performed identified by Landlord at the cost initials of each party and the approved plans and specifications shall be attached hereto and made a part hereof as Exhibit C, and shall replace the drawings currently attached as --------- Exhibit C. --------- No modification shall be made in the Plans and Specifications without the prior written consent of Tenant. Landlord, in constructing the Building, will use quality materials and comply with all federal, state, and municipal laws, rules, and regulations of any governmental agencies having jurisdiction of the Demised Premises. Any necessary substitution of materials because of lack or shortage of specified materials will be immediately submitted to Tenant, and Tenant shall thereupon approve these substitutions, provided they do not alter the quality of the Building or cause delay in completing the Building.

Compliance with Plans and Specifications. Before commencement of any change, alteration, restoration restoration, repairs or construction which will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”), "Work") requiring a building permit and involving in the aggregate an estimated cost of more than Ten Thousand and No/100ths Dollars ($10,000.00) or which in Landlord’s 's reasonable judgment would materially alter or impact the roof, parking lot, mechanical, structural, electrical, plumbing, or fire/life safety electrical systems of the ImprovementsImprovements or which is undertaken by Tenant pursuant to Section 8.6 hereof, separately referred to as a “Structural Alteration” Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed Structural Alteration change or Alteration; (ii) alteration, obtain Landlord’s 's prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration change or Structural Alteration alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, or any substantial part thereof to Landlord); (iii) obtain Landlord’s prior written approval furnish Landlord the name and address of a the licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work (hereinafter referred to as “"Alterations Architect or Engineer”"); and (iv) obtain Landlord’s 's prior written approval of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto; and (v) furnish . Work which does not require a building permit or materially alter or impact the roof, parking lot, mechanical, structural or electrical system of the Improvements or which is not undertaken by Tenant pursuant to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal Section 8.6 hereof shall not be subject to the estimated cost provisions of this subparagraph (b) or require Landlord's prior written consent; provided, however, such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. All Structural Alterations Work shall be performed by Landlord at subject to the cost remaining provisions of Tenantthis Article XIX.

Compliance with Plans and Specifications. Before commencement of any ---------------------------------------- change, alteration, restoration or construction which will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”)"Work") involving in the aggregate an estimated cost of more than Fifty Thousand Dollars ($50,000.00) or which, or which in Landlord’s 's reasonable judgment judgment, would materially alter the mechanical, structural, electrical, plumbing, structural or fire/life safety systems electrical components of the ImprovementsDemised Premises, separately referred to as a “Structural Alteration” Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed Structural Alteration change or Alterationalteration; (ii) obtain Landlord’s 's prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration or Structural Alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, or any substantial part thereof to Landlord)withheld; (iii) obtain Landlord’s 's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, Tenant who shall supervise approve any such work (hereinafter referred to as “"Alterations Architect or Engineer”"); (iv) obtain Landlord’s 's prior written approval (which shall not be unreasonably withheld or delayed) of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, Engineer and of each amendment and change thereto; , and (v) for any Work involving in the aggregate an estimated cost of more than One Hundred Thousand Dollars ($100,000.00), furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s 's liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. All Structural Alterations Tenant shall be performed by Landlord at retain Contractor as the cost general contractor for the build-out of Tenantany portion of the Demised Premises which are left in "shell" condition as of the Commencement Date, provided Contractor's contract is on substantially the same terms as described in Section 2.12 of this Lease.

Compliance with Plans and Specifications. Before commencement of ----------------------------------------- any change, alteration, restoration or construction which will cause Two Hundred Fifty Thousand ($250,000.00) Dollars or more to be spent on Alterations during any twelve (12) month period (hereinafter sometimes referred to as “Alterations”)"Work") involving in the aggregate an estimated cost of more than Fifty Thousand and No/100ths Dollars ($50,000) or which, or which in Landlord’s 's reasonable judgment judgment, would materially alter the mechanical, structural, electrical, plumbing, structural or fire/life safety systems electrical components of the ImprovementsDemised Premises, separately referred to as a “Structural Alteration” Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed Structural Alteration change or Alterationalteration; (ii) obtain ii)obtain Landlord’s 's prior written consent, which consent shall not be unreasonably withheld (but such consent may be withheld if the Alteration or Structural Alteration would, in the reasonable judgment of Landlord, impair the value or usefulness of the Land or Improvements, or any substantial part thereof to Landlord)withheld; (iii) obtain Landlord’s 's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant, Tenant who shall supervise approve any such work (hereinafter referred to as “Alterations Architect or Engineer”"ALTERATIONS ARCHITECT OR ENGINEER"); (iv) obtain Landlord’s 's prior written approval (which shall not be unreasonably withheld or delayed) of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, Engineer and of each amendment and change thereto; , and (v) for any Work involving in the aggregate an estimated cost of more than One Hundred Thousand Dollars ($100,000), furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic’s 's liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. All Structural Alterations Tenant shall be performed by Landlord at retain Contractor as the cost general contractor for the build-out of Tenantany portion of the Demised Premises which are left in "shell" condition as of the Commencement Date, provided Contractor's contract is on substantially the same terms as described in Section 2.11 of this Lease.