Construction Documents. Tenant shall cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord.
Appears in 4 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
Construction Documents. Tenant shall cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days Business Days after delivery of such Tenant Change to Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
Construction Documents. Tenant On or before the date set forth in Attachment 4, Landlord shall use commercially reasonable efforts to cause Landlord’s design/build contractor to cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) five Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant, with the understanding the Construction Documents shall be approved no later than the date set forth for such approval on Attachment 4. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to Tenant’s approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request order to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord. The Over-Allowance Amount shall be adjusted for any Tenant Change as further contemplated by Section 5.4, below.
Appears in 2 contracts
Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
Construction Documents. Tenant On or before the date set forth in Attachment 2, Landlord shall use commercially reasonable efforts to cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant, with the understanding the Construction Documents shall be approved by both parties no later than the date set forth for such approval on Attachment 2. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to Tenant’s approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request order to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days Business Days after delivery of such Tenant Change to Landlord. The Over-Allowance Amount shall be adjusted for any Tenant Change as further contemplated by Section 5.4, below.
Appears in 2 contracts
Samples: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)
Construction Documents. Tenant shall cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days business days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days business days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws applicable laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Tenant Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord.
Appears in 2 contracts
Samples: Manufacturing Development and Scale Up Agreement (Liquidia Technologies Inc), Manufacturing Development and Scale Up Agreement (Liquidia Technologies Inc)
Construction Documents. Tenant shall cause (a) Landlord’s architect, Xxxxxxxx Interiors, has prepared preliminary construction drawings and specifications (the Architect “Construction Drawings”) for all improvements to complete final the Premises (the “Improvements”) dated July 30, 2004. The installation of the Improvements pursuant to the Construction Documents consistent Drawings is referred to herein as the “Work”; provided, however, the Work Schedule and the obligations of the parties with respect to completing the Work in accordance with the Final Space Plan Work Schedule and Section 3.2 of the Lease shall submit not apply to the same Generator.
(b) Any final changes to Landlord the Construction Drawings shall be submitted by no later than October 1, 2004, and Tenant for their approval. Landlord and Tenant shall review and provide any approve the final Construction Drawings by no later than October 8, 2004. After October 8, 2004, no further changes may be made to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents without the prior written approval of Tenant and Landlord, which approval may be withheld by Landlord or Tenant if such changes will result in a delay in completion (except to the extent such changes are mandated by a governmental agency) or an increase in the cost to Landlord of the Improvements. Additional revisions requested by the Tenant resulting in additional costs shall be considered final once approved by the Landlord and sole responsibility of the Tenant.
(c) Landlord shall cause Permit Documents to be submitted to the City of Xxxxxxx for plan review and building permit. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and Revisions which may be enacted prior required by governmental agencies as a result of the plan review process shall be reviewed by Tenant and Landlord and modifications reflecting same shall be mutually agreed upon in a timely manner so as not to approval delay progress of completed Construction Documentsthe Work. Subject Upon mutual agreement of any modifications required by the City of Xxxxxxx, Landlord shall cause its architects and engineers to incorporate said modifications into the Permit Documents which shall then be re-submitted to the provisions of Sections 3.1 City by Landlord. The final Work Schedule and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and Substantial Completion date shall be granted or denied within five (5) business days after delivery of extended as required to reflect time lost, if any, to incorporate any such Tenant Change to Landlordrevisions.
Appears in 1 contract
Construction Documents. Tenant shall cause On or before the date set forth in Attachment 2, provided that the Final Space Plan is approved by the date set forth in Attachment 2, the Architect to complete final Construction Documents will prepare draft construction documents consistent with the Final Space Plan Plan, which draft construction documents and a preliminary budget for the cost of performing the work shown on the draft construction documents shall submit the same be submitted to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any comments or requested changes to the draft construction documents within five (5) Business Days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified draft construction documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. In no event may Tenant require any changes to the draft construction documents that are inconsistent with the Final Space Plan, except to the extent such changes are a part of any value engineering performed by Tenant in accordance with Section 3.4 hereof. Such process of submittal and response within the time frame frames specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such draft construction documents, and the Construction Documents draft construction documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent , with the Final Space Plan. The Construction Documents understanding that the draft construction documents shall comply with Applicable Laws existing on be approved no later than the date set forth for such approval on Attachment 2. Once Landlord and Tenant approve the draft construction documents, the draft construction documents shall be considered to be final construction documents (the “Approved Construction Documents”). Time is of the essence of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to LandlordSection 2.3.
Appears in 1 contract
Samples: Lease (Vor Biopharma Inc.)
Construction Documents. Tenant Landlord, with Tenant’s cooperation, shall cause the Architect architect chosen by the parties (the “Architect”) to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to prepare the construction documents within five drawings for the Leasehold Improvements (5) Business Days of receipt thereofthe “Construction Documents”), and the Landlord shall furnish to Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents for its review and approval. Tenant shall be considered final once approved by notify Landlord whether or not it approves of the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The submitted Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documentswithin 5 days after Landlord’s submission thereof. Subject If Tenant’s notice objects to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the proposed Construction Documents, the notice will set forth how the proposed Construction Documents fails to meet Tenant’s requirements and how the proposed Construction Documents must be changed in order to overcome Tenant’s objections, in which case Landlord approval shall, within 10 days after such notice, revise such Construction Documents in accordance with Tenant’s notice and submit the revised Construction Documents to Tenant for its review and approval. Tenant shall notify Landlord in writing whether or not be unreasonably withheld or conditioned, and it approves of the resubmitted Construction Documents within 3 days after its receipt thereof. This process shall be granted repeated until the Construction Documents have been finally approved by Tenant. Tenant’s failure to notify Landlord whether or denied not it approves of the initial Construction Documents within five 5 days (5or, in the case of resubmitted Construction Documents, within 3 days) business days after delivery of such the submission thereof, shall be deemed a Tenant Change to LandlordDelay (as defined in Paragraph 10 below).
Appears in 1 contract
Samples: Lease Agreement (Solid Power, Inc.)
Construction Documents. Tenant shall cause prepare final plans, specifications and finish schedules for the Architect to complete final Construction Documents Tenant Improvements that (a) are consistent with and are logical evolutions of the Final Space Plan Approved Schematic Plans and (b) incorporate any other Tenant-requested (and Landlord-approved) Changes (defined below). Such plans and specifications shall submit be compatible with the design, construction and equipment of the Building, comply with all Applicable Laws, show complete mechanical, electrical, plumbing and HVAC, and contain all partition locations, plumbing locations, air conditioning systems and ductwork, electrical submeters, special air conditioning requirements, reflected ceiling plates, signage and all specialty equipment. As soon as such final plans, specifications and finish scheduling (“Construction Documents”) are completed, Tenant shall deliver the same to Landlord and Tenant for their Landlord’s approval. Such Construction Documents shall be approved or disapproved by Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days after delivery to Landlord. If the Construction Documents are disapproved by Landlord, then Landlord shall notify Tenant in writing of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval objections to such documentsConstruction Documents, and the parties shall confer and negotiate in good faith to reach agreement on the Construction Documents. Promptly after the Construction Documents are approved by Landlord and Tenant, two (2) copies of such Construction Documents shall be considered final once approved initialed and dated by the Landlord and the Tenant. In no event may either , and Tenant or Landlord require any changes that are inconsistent with the Final Space Planshall promptly submit such Construction Documents to all appropriate Governmental Authorities for approval. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter so approved, and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of all change orders specifically permitted by this Work Letter, Tenant may, from time are referred to time, by written request to Landlord on a form reasonably specified by Landlord (herein as the “Tenant ChangeApproved Plans.”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord.
Appears in 1 contract
Construction Documents. Tenant shall cause Tenant’s design/build contractor to cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) five Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord.
Appears in 1 contract
Construction Documents. Tenant On or before the date set forth in Attachment 4, Landlord shall use commercially reasonable efforts to cause Landlord’s design/build contractor to cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days business days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten five (105) Business Days business days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and Tenant, with the Tenantunderstanding the Construction Documents shall be approved no later than the date set forth for such approval on Attachment 4. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to Tenant’s approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request order to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord. The Over-Allowance Amount shall be adjusted for any Tenant Change as further contemplated by Section 5.4, below.
Appears in 1 contract
Construction Documents. Tenant shall At such time as the Cost Estimate has been approved (or deemed approved) by Tenant, Landlord will cause the Architect to complete final Construction Documents consistent with the Final Space Plan its architect and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect engineer to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall based strictly on the Preliminary Plans. The Construction Documents will be considered final once approved by subject to Landlord's approval. Within 5 business days after receipt of the Construction Documents, Tenant will either approve the same in writing or notify Landlord and in writing, of how the Tenant. In no event may either Tenant or Landlord require any changes that Construction Documents are inconsistent with the Final Space Plan. The Preliminary Plans and how the Construction Documents shall comply with Applicable Laws existing on must be changed in order to overcome Tenant's objections. Each day following the date 5th business day after the Construction Documents are submitted to Tenant until Tenant either approves them or delivers such notice of this objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, Landlord will cause its architect and engineer to prepare revised Construction Documents according to such notice and submit the revised Construction Documents to Tenant. Upon submittal to Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the revised Construction Documents, and upon submittal of any further revisions, the procedures described above will be repeated. If the revised Construction Documents, or any further revisions, are consistent with the Preliminary Plans and all requirements identified in Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the day on which Landlord receives Tenant's written approval shall not of the Construction Documents will be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery a day of such Tenant Change to LandlordTenant's delay.
Appears in 1 contract
Samples: Lease Agreement (Ilx Lightwave Corp)
Construction Documents. Tenant shall cause On or before the date set forth in Attachment 2, provided that the Final Space Plan is approved by the date set forth in Attachment 2, the Architect to complete final Construction Documents will prepare draft construction documents consistent with the Final Space Plan which draft construction documents and a preliminary budget for the cost of performing the work shown on the draft construction documents shall submit the same be submitted to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any comments or requested changes to the draft construction documents within five (5) Business Days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified draft construction documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. In no event may Tenant require any changes to the draft construction documents that are inconsistent with the Final Space Plan, except to the extent such changes are a part of any value engineering performed by Tenant in accordance with Section 3.4 hereof. Such process of submittal and response within the time frame frames specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such draft construction documents, and the Construction Documents draft construction documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent , with the Final Space Plan. The Construction Documents understanding that the draft construction documents shall comply with Applicable Laws existing on be approved no later than the date set forth for such approval on Attachment 2. Once Landlord and Tenant approve the draft construction documents, the draft construction documents shall be considered to be final construction documents (the “Approved Construction Documents”). Time is of the essence of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to LandlordSection 2.3.
Appears in 1 contract
Samples: Lease (Vor Biopharma Inc.)
Construction Documents. Based upon the approved Space Plan, Landlord’s architect and/or space planner shall prepare final working drawings and/or construction documents for the Tenant shall cause Improvements containing architectural drawings, structural and mechanical, plumbing, fire sprinkler, electrical engineering drawings and any other documents necessary to obtain required permits for the Architect to complete final Tenant Improvements (“Construction Documents consistent with the Final Space Plan and Documents”). Landlord shall submit the same Construction Documents to Landlord and Tenant for their its review and approval. Landlord and If Tenant shall review and provide any changes fails to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and approve the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery by Landlord thereof the Construction Documents shall be deemed approved. All changes to the Construction Documents shall be mutually and reasonably agreed upon, in writing, by Landlord and Tenant. Landlord’s supervision and/or performance of any work for or on behalf of Tenant or Landlord’s approval of the Space Plan and/or Construction Documents and any revisions thereto shall not be deemed to be a representation by Landlord that the Tenant Improvements will be adequate for Tenant’s use. Tenant hereby acknowledges and agrees that (i) Landlord makes no representation or warranty with respect to the design of the Tenant Improvements or any portion thereof; (ii) certain design elements of the Tenant Improvements may increase the risk of injury to persons and/or damage to the Premises and Tenant’s personal property and equipment contained therein; and (iii) any such Tenant Change injury and/or damage shall be subject to Landlordthe waiver of liability set forth in Sections 20 and 21 of the Lease.
Appears in 1 contract
Samples: Lease Agreement (Anaptysbio, Inc)
Construction Documents. Tenant On or before the date set forth in Attachment 5, Landlord shall use commercially reasonable efforts to cause Landlord’s design/build contractor to cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and Tenant, with the Tenantunderstanding that Landlord and Tenant shall use commercially reasonable efforts to cause the Construction Documents to be approved no later than the date set forth for such approval on Attachment 5. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to Tenant’s approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request order to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord. The Over-Allowance Amount shall be adjusted for any Tenant Change as further contemplated by Section 5.4 below.
Appears in 1 contract
Samples: Lease (Aethlon Medical Inc)
Construction Documents. No Tenant shall cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents Work shall be considered effected except in accordance with complete, consistent, final once construction drawings and specifications (“Construction Documents”) approved in advance by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space PlanLandlord. The Construction Documents shall comply with Applicable Laws existing on the date of this be prepared by an architect retained by Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified approved by Landlord in advance (“Tenant ChangeTenant’s Architect”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld withheld. Tenant’s Architect shall be experienced in the construction of tenant space improvements in first-class office buildings in the downtown Boston area. Tenant shall also retain the services of the mechanical, electrical and structural engineers engaged by Landlord for the Project to assist in the preparation of the Construction Documents if any proposed Tenant Work shall in any way affect, respectively, the mechanical, electrical or conditionedstructural systems, facilities or equipment in the Project. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to the Tenant Work. Tenant shall also be responsible for the adequacy, accuracy, and completeness of the Construction Documents, notwithstanding that such Construction Documents have been approved by Landlord, even if Tenant’s Architect or engineers have been otherwise engaged by Landlord in connection with the Project. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Project, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Project. At Tenant’s request, Landlord shall provide, at Tenant’s expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant’s Architect shall ascertain all field dimensions and conditions which may be granted different from those shown on such drawings. Submission of the Construction Documents to Landlord for approval shall be deemed a warranty by Tenant and Tenant’s Architect, jointly and severally, that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) does not in any manner affect any structural component of the Project (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or denied within five floor slabs), (5iii) business days after delivery is in all respects compatible with the mechanical, electrical and structural components and systems of such Tenant Change to Landlord.the Project, (iv) does not affect any space or area in or around the Project other than the Premises (including the exterior of the Project),
Appears in 1 contract
Construction Documents. Landlord, with Tenant's approval, shall consult with its architect, engineer, designer and such other consultants as it shall deem necessary for the development and timely completion of certain documents as described in this Section 4(a). Landlord will procure competitive bids for all construction work done in connection with the Landlord's Work Tenant shall have the right to reasonably approve the general contractor employed by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall not be liable, directly or indirectly, for the payment of a construction management fee.
(i) Landlord shall cause to be prepared and delivered to Tenant complete and final "Construction Drawings", consisting of (a) working drawings and (b) specifications, for the Architect to complete final Construction Documents consistent with construction of the Final Space Plan and Premises for Tenant's occupancy.
(ii) Landlord shall submit the same Construction Documents to Landlord and Tenant for their Tenant's approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space Plan. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and delayed. The approval Tenant of the Construction Documents shall be granted subject to the following procedural requirements: Tenant shall review the Construction Documents and either approve the same or denied return the same to Landlord with requested modifications. Any Construction Document or modified Construction Document submitted to Tenant for approval and not returned to Landlord with a written notice from Tenant requesting modifications within five fifteen (515) business days after delivery of such the date the document is received Tenant Change shall be deemed approved by Tenant.
(iii) In the event that Tenant is unable to Landlordobtain the approvals required by Paragraph 49, Tenant shall reimburse Landlord the costs and expenses incurred by Landlord in preparing the Construction Documents.
Appears in 1 contract
Construction Documents. Tenant On or before the date set forth in Attachment 2, Landlord shall use commercially reasonable efforts to cause the Contractor to cause the Architect to complete final Construction Documents prepare draft construction documents consistent with the Final Space Plan and which shall submit the same be submitted to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any comments or requested changes to the draft construction documents within five (5) Business Days of receipt thereofthereof(and if Tenant shall fail to object thereto within such five (5) Business Day period, then the draft construction documents shall be deemed approved by Tenant), and the Tenant Landlord shall use reasonable efforts to cause the Architect to prepare and circulate modified draft construction documents within ten five (105) Business Days of its receipt of any requested changes from Tenant or Landlord. In no event may either Tenant or Landlord require any changes to the draft construction documents that are inconsistent with the Final Space Plan. Such process of submittal and response within the time frame frames specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such draft construction documents, and the Construction Documents draft construction documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent , with the Final Space Planunderstanding that the Construction Documents shall be approved no later than the date set forth for such approval on Attachment 2. Once Landlord and Tenant approve the draft construction documents, the draft construction documents shall be considered final construction documents (the "Construction Documents"). The Construction Documents shall comply with all Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documents, which Landlord approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlord.
Appears in 1 contract
Construction Documents. Tenant Landlord shall cause the Architect to complete final Construction Documents consistent with the Final Space Plan and shall submit the same to Landlord and Tenant for their approval. Landlord and Tenant shall review and provide any changes to the construction documents within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect its architect to prepare and circulate modified documents within ten (10) Business Days of its receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documents, and the Construction Documents shall be considered final once approved by the Landlord and the Tenant. In no event may either Tenant or Landlord require any changes that are inconsistent with the Final Space PlanDocuments. The Construction Documents shall comply with Applicable Laws existing on the date of this Tenant Work Letter and which may be enacted subject to Tenant’s prior to approval of completed Construction Documents. Subject to the provisions of Sections 3.1 and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord (“Tenant Change”), request a change in the Tenant Improvements shown on the Construction Documentsapproval, which Landlord approval shall not be unreasonably withheld or withheld, conditioned, and or delayed; provided, however, in no event shall any changes to the Construction Documents modify or be granted inconsistent with the requirements set forth herein or denied modify Landlord’s Tenant Improvement Work. Xxxxxx agrees to respond to any request for approval of the Construction Documents within five (5) business days after delivery receipt thereof and to respond to any re-submitted request for approval of such Tenant Change the Construction Documents following initial submittal of the same within three (3) business days after receipt thereof. The weekly meetings described in Section 3.2(b) below shall include discussions of any changes to Landlord’s Work (other than minor changes in the nature of field work). Landlord shall promptly provide Tenant with copies of any changes in the Construction Documents. Following the approval by Landlord of Tenant’s Schematic Plans, Landlord shall reimburse Tenant for any reasonable increase in the out-of-pocket costs of the design and construction of Tenant’s Work to the extent resulting directly from any material changes in the Construction Documents (it being understood that minor changes in the nature of field work and changes that are reasonably inferable from the Construction Documents shall not be deemed material) as reasonably documented by Tenant to Landlord so long as Tenant notified Landlord of the need therefor reasonably in advance of implementing the same, giving Landlord a reasonable opportunity to attempt to eliminate the need for such changes to Tenant’s Plans. Landlord shall provide to Tenant a status report and update of the schedule for the design of Landlord’s Work until the Construction Documents have been completed and approved.
Appears in 1 contract
Construction Documents. Tenant shall promptly cause the Architect Space Planner and the Engineers to complete final the architectural and engineering drawings for the Premises, and the Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing Construction Documents consistent with in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Space Plan Construction Documents”) and shall submit the same to Landlord and Tenant for their Landlord’s approval. Landlord and Tenant shall review and provide any changes to the construction documents supply Landlord with two (2) copies signed by Tenant of such Final Construction Documents. Landlord shall, within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its business days after Landlord’s receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in Final Construction Documents, either (i) approve the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documentsFinal Construction Documents, and (ii) approve the Final Construction Documents shall subject to specified conditions to be considered final once approved satisfied by Tenant prior to submitting the Landlord Approved Construction Documents for permits as set forth below, if the Final Construction Documents are inconsistent with the Final Space Plan, or (iii) disapprove and return the Tenant. In no event may either Final Construction Documents to Tenant or Landlord require any changes that with requested revisions if the Final Construction Documents are inconsistent with the Final Space Plan. The If Landlord disapproves the Final Construction Documents, Tenant may resubmit the Final Construction Documents to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Construction Documents, based upon the criteria set forth in this Section 2.2.3 within three (3) business days after Landlord receives such resubmitted Final Construction Documents. Once approved by Landlord as set forth above, the Final Construction Documents shall comply with Applicable Laws existing on be referred to as the date of this Tenant Work Letter “Approved Working Documents,” and which may such Final Construction Documents shall be enacted so approved by Landlord prior to the commencement of construction of the Premises by Tenant. After approval by Landlord of completed the Final Construction Documents. Subject Documents Tenant shall cause the Space Planner to submit the Approved Construction Documents to the provisions of Sections 3.1 appropriate municipal authorities for all architectural and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord structural permits (the “Tenant ChangePermits”), request provided that (a) the Space Planner shall provide Landlord with a change copy of the package that it intends to submit prior to such submission, and (b) if there are Building modifications required to obtain the Permits, then Tenant shall obtain Landlord’s prior written consent to any such Building modifications. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Premises) for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in performing ministerial acts reasonably necessary to enable Tenant to obtain any such certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Premises). No changes, modifications or alterations in the Tenant Improvements shown on Approved Construction Documents may be made without the Construction Documentsprior written consent of Landlord, which Landlord approval shall consent may not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlorddelayed.
Appears in 1 contract
Construction Documents. Tenant shall promptly cause the Architect Space Planner and the Engineers to complete final the architectural and engineering drawings for the ROFO Premises, and the Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing Construction Documents consistent with in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Space Plan Construction Documents”) and shall submit the same to Landlord and Tenant for their Landlord’s approval. Landlord and Tenant shall review and provide any changes to the construction documents supply Landlord with two (2) copies signed by Tenant of such Final Construction Documents. Landlord shall, within five (5) Business Days of receipt thereof, and the Tenant shall use reasonable efforts to cause the Architect to prepare and circulate modified documents within ten (10) Business Days of its business days after Landlord’s receipt of any requested changes from Tenant or Landlord. Such process of submittal and response within the time frame specified in Final Construction Documents, either (i) approve the preceding sentence shall continue until each of Landlord and Tenant gives written approval to such documentsFinal Construction Documents, and (ii) approve the Final Construction Documents shall subject to specified conditions to be considered final once approved satisfied by Tenant prior to submitting the Landlord Approved Construction Documents for permits as set forth below, if the Final Construction Documents are inconsistent with the Final Space Plan, or (iii) disapprove and return the Tenant. In no event may either Final Construction Documents to Tenant or Landlord require any changes that with requested revisions if the Final Construction Documents are inconsistent with the Final Space Plan. The If Landlord disapproves the Final Construction Documents, Tenant may resubmit the Final Construction Documents to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Construction Documents, based upon the criteria set forth in this Section 1.1.2 within three (3) business days after Landlord receives such resubmitted Final Construction Documents. Once approved by Landlord as set forth above, the Final Construction Documents shall comply with Applicable Laws existing on be referred to as the date of this Tenant Work Letter “Approved Working Documents,” and which may such Final Construction Documents shall be enacted so approved by Landlord prior to the commencement of construction of the ROFO Premises by Tenant. After approval by Landlord of completed the Final Construction Documents. Subject Documents Tenant shall cause the Space Planner to submit the Approved Construction Documents to the provisions of Sections 3.1 appropriate municipal authorities for all architectural and 5.4 of this Work Letter, Tenant may, from time to time, by written request to Landlord on a form reasonably specified by Landlord structural permits (the “Tenant ChangePermits”), request provided that (a) the Space Planner shall provide Landlord with a change copy of the package that it intends to submit prior to such submission, and (b) if there are Building modifications required to obtain the Permits, then Tenant shall obtain Landlord’s prior written consent to any such Building modifications. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the ROFO Premises) for the ROFO Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in performing ministerial acts reasonably necessary to enable Tenant to obtain any such certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the ROFO Premises). No changes, modifications or alterations in the Tenant Improvements shown on Approved Construction Documents may be made without the Construction Documentsprior written consent of Landlord, which Landlord approval shall consent may not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after delivery of such Tenant Change to Landlorddelayed.
Appears in 1 contract