Common use of Construction Drawings, Cost Statement and Allowance Clause in Contracts

Construction Drawings, Cost Statement and Allowance. (a) Promptly after the execution of this Amendment by and between Landlord and Tenant, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of the Space Plan, including at least one (1) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant a set of construction drawings (the “CD’s”) covering all work to be performed in accordance with the Space Plan (such work, together with all work incidental thereto, is referred to hereinafter in this Exhibit X-x as the “Tenant Improvements”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to request changes to the CD’s within ten (10) days after its receipt of the CD’s, then Tenant shall be deemed to have approved the CD’s and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, within ten (10) days of its receipt of such request submit the revised portion of the CD’s to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Tenant agrees to confirm Tenant’s consent to the CD’s in writing within three (3) days following Landlord’s written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 below.

Appears in 2 contracts

Samples: Seventh Lease (Interface Security Systems, L.L.C.), Seventh Lease (Interface Security Systems Holdings Inc)

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Construction Drawings, Cost Statement and Allowance. (a) Promptly after following the execution of this Amendment by and between Landlord and Tenantdate hereof, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of . Tenant shall deliver the Space Plan, including at least one Plan to Landlord within ten (110) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to days after the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements date of law, Tenant shall be permitted freedom in the design and layout of the Leased Premisesthis Lease. Within twenty thirty (2030) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant (i) a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Tenant Improvements in accordance with the Space Plan Plan, and (such work, together with all work incidental thereto, is referred ii) a statement of the cost to hereinafter in this Exhibit X-x as construct and install the Tenant Improvements (the “Tenant ImprovementsCost Statement”). Tenant acknowledges and agrees that (A) the Cost Statement shall include design fees and a fee payable to the project’s construction manager or general contractor, and (B) such construction manager or general contractor may be comprised of a subsidiary, affiliate or employees of Landlord. Tenant shall have ten (10) days after receipt of the CD’s and the Cost Statement in which to review both the CD’s and the Cost Statement and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the Cost Statement and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s (and, to the extent applicable, the revised Cost Statement) to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s’s and the Cost Statement, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s’s and the Cost Statement, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s and acknowledge the Cost Statement in writing within three (3) days following Landlord’s written request therefor. Nothing contained in this Section 2(b) Tenant shall be construed to impair Tenant’s have the right to make Change Orders provide Landlord with one (as defined below1) in accordance proposed non-union subcontractors for each trade, and provided such subcontractor meets with Section 4 belowLandlord’s reasonable safety and insurance qualifications and other reasonable criteria of Landlord, such subcontractor shall have the right to enter a bid. Landlord reserves the right to award the bids on the basis of reputation, quality, price and timeliness.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease and Fifth Lease Amendment (Interface Security Systems, L.L.C.), Assignment and Assumption of Lease and Fifth Lease Amendment (Interface Security Systems Holdings Inc)

Construction Drawings, Cost Statement and Allowance. (a) Promptly after following the execution of this Amendment by and between Landlord and Tenantdate hereof, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises Relocated Space that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of . Tenant shall deliver the Space Plan, including at least one Plan to Landlord within ten (110) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to days after the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements date of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. this Amendment Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant (i) a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Relocated Space Improvements in accordance with the Space Plan Plan, and (such work, together with all work incidental thereto, is referred ii) a statement of the cost to hereinafter in this Exhibit X-x as construct and install the Relocated Space Improvements (the “Tenant ImprovementsCost Statement”). Tenant acknowledges and agrees that (A) the Cost Statement shall include design fees and a fee payable to the project’s construction manager or general contractor, and (B) such construction manager or general contractor may be comprised of a subsidiary, affiliate or employees of Landlord. Tenant shall have ten five (105) business days after receipt of the CD’s and the Cost Statement in which to review both the CD’s and the Cost Statement and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten five (105) business days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the Cost Statement and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) business days of its receipt of such request submit the revised portion of the CD’s (and, to the extent applicable, the revised Cost Statement) to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s’s and the Cost Statement, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant Tenant shall at all times in its review of the CD’s’s and the Cost Statement, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s and acknowledge the Cost Statement in writing within three (3) business days following Landlord’s written request therefor. Nothing Notwithstanding anything to the contrary contained herein, in this Section 2(bthe event that the amount of the Cost Statement exceeds One Million Seventeen Thousand Five Hundred Seventy-six Dollars ($1,017,576.00) (the “ the Allowance”) prior to the execution of any Change Orders by the parties, the parties shall have an additional fifteen (15) business days to work together in good faith to revise the CD’s and the Cost Statement in an effort to reduce the amount of the Cost Statement until the amount of the Cost Statement is either equal to or less than the Allowance (the “Reconciliation Period”). Upon the expiration of the Reconciliation Period, the most recent rendition of the CD’s and Cost Statement shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 belowdeemed finally approved by the parties.

Appears in 1 contract

Samples: Office Lease (Aprimo, INC)

Construction Drawings, Cost Statement and Allowance. (a1) Promptly after following the execution of this Amendment by and between Landlord and Tenantdate hereof, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of . Tenant shall deliver the Space Plan, including at least one Plan to Landlord within ten (110) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to days after the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements date of law, Tenant shall be permitted freedom in the design and layout of the Leased Premisesthis Lease. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant (i) a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Tenant Improvements in accordance with the Space Plan Plan, and (such work, together with all work incidental thereto, is referred ii) a statement of the cost to hereinafter in this Exhibit X-x as construct and install the Tenant Improvements (the “Tenant ImprovementsCost Statement”). Tenant acknowledges and agrees that (A) the Cost Statement shall include design fees and a fee payable to the project’s general contractor, and (B) such general contractor may be comprised of a subsidiary, affiliate or employees of Landlord. Tenant shall have ten five (105) days after receipt of the CD’s and the Cost Statement in which to review both the CD’s and the Cost Statement and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the Cost Statement and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s (and, to the extent applicable, the revised Cost Statement) to Tenant. Tenant may shall have an additional five (5) business days to review the revised CD’s (the “Revision Review Period”) and shall not thereafter unreasonably disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s’s and the Cost Statement, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant unless Tenant objects, in writing prior to the end of the Revision Review Period, Tenant shall at all times in its review of the CD’s’s and the Cost Statement, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s and acknowledge the Cost Statement in writing within three (3) days following Landlord’s written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 belowtherefore.

Appears in 1 contract

Samples: Commercial Lease Agreement (Mannatech Inc)

Construction Drawings, Cost Statement and Allowance. (a) Promptly after Within three (3) business days following the execution Date of this Amendment by and between Landlord and Tenant, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of the Space Plan, including at least one (1) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements of lawLease, Tenant shall deliver to Landlord all remaining information that Landlord has requested in order for Landlord to be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit able to Tenant complete a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Tenant Improvements, all in accordance with a space plan previously submitted by tenant and approved by Landlord. Promptly after Landlord receives all of said information, Landlord shall prepare the Space Plan (such work, together with all work incidental thereto, is referred final CDs and deliver same to hereinafter in this Exhibit X-x as the “Tenant Improvements”)for Tenant’s review and approval. Tenant shall have ten five (105) days after receipt of the these CD’s in which to review the CD’s and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten five (105) days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, within ten (10) days of its receipt of such request shall submit the revised portion of the CD’s to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review Following Tenant’s approval of the CD’s, Landlord will prepare (or obtain from its contractor) a statement of the cost to construct and of any revisions thereto, act reasonably and in good faithinstall the Tenant Improvements (the “Cost Statement”). Tenant acknowledges and agrees to confirm Tenant’s consent that (A) the Cost Statement shall include design fees and a fee payable to the CDproject’s in writing construction manager or general contractor, and (B) such construction manager or general contractor may be comprised of a subsidiary, affiliate or employees of Landlord. If the Total Project Costs (defined below) specified on the Cost Statement do not exceed $800,000, then Tenant shall be deemed to have irrevocably and unconditionally approved the Cost Statement. If the Total Project Costs specified on the Cost Statement exceed $800,000, then within three (3) business days following Landlord’s after its receipt thereof, Tenant shall deliver to Landlord written request therefor. Nothing contained in this Section 2(b) shall be construed to impair notice either stating Tenant’s right to make Change Orders (as defined below) approval of the Cost Statement or stating Tenant’s request that Landlord change the CD’s in accordance with Section 4 below.the procedure set forth above and to revise the Cost Estimate to reflect such changes. This

Appears in 1 contract

Samples: Office Lease Agreement (Intellon Corp)

Construction Drawings, Cost Statement and Allowance. (a) Promptly after On or before the execution of this Amendment by and between Landlord and sixtieth (60th) day following the date hereof, Tenant, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”)working through its architect Alliance Architecture, it being the intent of the parties that the generation of the Space Plan, including at least one (1) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant Landlord a set of permittable construction drawings (the "CD’s”'s") covering all work to be performed by Landlord in constructing the Tenant Improvements in accordance with the Space Plan preliminary plans attached hereto as Exhibit B-2. Landlord and Tenant acknowledge and agree that (i) the CD's may include reference to an internal commuting stair system with floor openings (one opening per floor) linking the third (3rd) and fourth (4th) floor and the fourth (4th) and fifth (5th) floor to be constructed and installed within the Leased Premises ("Internal Stairways"), and (ii) in the event that Tenant chooses to employ Internal Stairways, Tenant shall (A) use Xxxxxxxx Engineers to design (the "Design Drawings") the Internal Stairways (which Design Drawings shall show the location of the Internal Stairways and be subject to Landlord's approval), and (B) provide Landlord notice on or before the thirtieth (30th) day following the date hereof of such workInternal Stairways, together with all work incidental thereto, is referred to hereinafter in this Exhibit X-x as which notice shall include the “Tenant Improvements”)Design Drawings. Tenant shall have ten will hold the design contract with Alliance Architecture. The CD's may also include a mezzanine space on the fifth (105th) days after receipt of the CD’s in which to review the CD’s and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes theretofloor that would require a connecting stairway. Tenant shall have no right to request any changes to the CD’s 's that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to request changes to the CD’s within Landlord shall have ten (10) days after its receipt of the CD’s, then Tenant shall be deemed 's in which to have approved review the CD’s 's and in which to give Tenant written notice of its approval of the same shall thereupon be finalCD's or its requested changes thereto. If Tenant Landlord requests any changes to the CD’s's, Landlord Tenant shall make those changes which are reasonably requested by Tenant Landlord and shall, shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s 's to TenantLandlord. Tenant may not thereafter disapprove Landlord shall have ten (10) days after receipt of the revised portions CD's in which to review said revised CD's and in which to give to Tenant written notice of its approval of the revised CD’s unless 's or its requested changes thereto. This process shall continue until such time, if at all, that Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, approves the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant's in accordance with this paragraph. Tenant shall at all times in its preparation and review of the CD’s's, and of any revisions thereto, act reasonably and in good faith. Tenant Landlord shall at all times in its review of the CD's, and any revisions thereto, act reasonably and in good faith. Landlord agrees to confirm Tenant’s Landlord's consent to the CD’s 's in writing within three five (35) days following Landlord’s Tenant's written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 below.

Appears in 1 contract

Samples: Office Lease (Channeladvisor Corp)

Construction Drawings, Cost Statement and Allowance. (a) Promptly after following the execution of this Amendment by and between Landlord and Tenantdate hereof, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Original Premises and Additional Space that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”). Tenant shall deliver the Space Plan to Landlord within ten (10) days after the date of this Lease, it being and Landlord shall compensate Tenant’s consultants for the intent of the parties that the generation preparation of the Space PlanPlan within thirty (30) days after Landlord’s receipt of an invoice for same; provided, including at least one (1) revision theretohowever, that such payment shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to applied toward the Allowance (as defined below) and the Additional Allowance (as defined belowherein). It is understood and agreed that, consistent with applicable building codes and requirements of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Tenant Improvements in accordance with the Space Plan (such work, together with all work incidental thereto, is referred to hereinafter in this Exhibit X-x as the “Tenant Improvements”)Plan. Tenant shall have ten five (105) business days after receipt of the CD’s in which to review the CD’s and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten five (105) business days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, ’s as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s in writing within three (3) business days following Landlord’s written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Following Tenant’s right approval of the CD’s, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord and Tenant shall review the bids (including the line items) jointly. Tenant hereby acknowledges and agrees that the timeframes set forth herein may not apply to make Change Orders (as defined below) in accordance with Section 4 belowthe Original Premises Tenant Improvements. Instead, the parties shall use the timeframes specifically set forth on Exhibit B-1a for construction of the Original Premises Tenant Improvements.

Appears in 1 contract

Samples: Office Lease (LifeWatch Corp.)

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Construction Drawings, Cost Statement and Allowance. (a) Promptly On or before the date thirty (30) days after receipt of the execution of this Amendment by and between TI Notice, Landlord and shall, based on Tenant, Tenant will work with Landlord’s space planner to develop a 's then-current space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”)Premises, it being the intent of the parties that the generation of the Space Plan, including at least one (1) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant a set of construction drawings (the "TI CD’s”'s") to Tenant covering all work to be performed by Landlord in accordance with constructing and installing the Space Plan (such work, together with all work incidental thereto, is referred to hereinafter in this Exhibit X-x as the “Tenant Improvements”). Tenant shall have ten (10) business days after receipt of the TI CD’s 's in which to review the TI CD’s 's and to give Landlord written notice of Tenant’s 's approval of the TI CD’s 's or its requested changes thereto. Tenant shall have the right to meet with Landlord on a weekly basis to review the TI CD's as such are being prepared. Tenant shall have no right to request any changes to the TI CD’s 's that would materially alter the exterior appearance or basic nature of the Building or the Building systemssystems except pursuant to an executed Change Order. If Tenant fails to approve or request changes to the revised TI CD’s 's within ten (10) business days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the revised TI CD’s 's and the same shall thereupon be final. If Tenant requests any reasonable changes to the TI CD’s's, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) business days of its receipt of such request submit the revised portion of the TI CD’s 's to Tenant. Tenant may not thereafter disapprove shall have five (5) business days to approve the revised portions of the revised TI CD’s unless 's or to notify Landlord that it has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the TI CD’s's, as modified by said revisions, shall be deemed to be final upon the submission absent Tenant's approval or notice of said objection to such revisions to Tenantwithin five (5) business days. Landlord and Tenant shall at all times in its their review of the TI CD’s's, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s 's consent to the TI CD’s 's in writing (which may be by email) within three five (35) days following Landlord’s 's written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 below.

Appears in 1 contract

Samples: First Lease (Interactive Intelligence Group, Inc.)

Construction Drawings, Cost Statement and Allowance. (ai) Promptly after following the date of execution of this Second Amendment by and between Landlord and Tenant, Tenant will work with Landlord’s space planner to develop a space plan scope of work for the Leased Premises Additional Improvements that is reasonably acceptable to Tenant and Landlord or portions thereof (the “Space PlanScope of Work”), it being the intent . After finalization of the parties that the generation Scope of the Space Plan, including at least one (1) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements of law, Tenant shall be permitted freedom in the design and layout of the Leased Premises. Within twenty (20) days after Landlord’s receipt of the Space PlanWork, Landlord shall prepare and submit to Tenant a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Additional Improvements in accordance with the Space Plan (such work, together with all work incidental thereto, is referred to hereinafter in this Exhibit X-x as the “Tenant Improvements”)Scope of Work. Tenant shall have ten fifteen (1015) days day after receipt of the CD’s in which to review the CD’s and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant request any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) day of its receipt of such request submit the revised portion of the CD’s to Tenant. If Tenant fails to approve or request changes to the CD’s within ten five (105) days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, within ten (10) days of its receipt of such request submit the revised portion of the CD’s to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the final CD’s in writing within three (3) business days following Landlord’s written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 below.

Appears in 1 contract

Samples: Lease Agreement (Orchid Cellmark Inc)

Construction Drawings, Cost Statement and Allowance. (a) Promptly after following the execution of this Amendment by and between Landlord and Tenantdate hereof, Tenant will work with Landlord’s space planner to develop a space plan for the Leased Premises that is reasonably acceptable to Landlord or portions thereof (the “Space Plan”), it being the intent of the parties that the generation of . Tenant shall deliver the Space Plan, including at least one Plan to Landlord within ten (110) revision thereto, shall be at Landlord’s sole cost and expense, and such cost and expense shall be in addition to days after the Allowance (as defined below) and the Additional Allowance (as defined below). It is understood and agreed that, consistent with applicable building codes and requirements date of law, Tenant shall be permitted freedom in the design and layout of the Leased Premisesthis Lease. Within twenty (20) days after Landlord’s receipt of the Space Plan, Landlord shall prepare and submit to Tenant (i) a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing the Tenant Improvements in accordance with the Space Plan Plan, and (such ii) a statement of the cost to construct and install the Tenant Improvements (the “Cost Statement”). Tenant acknowledges and agrees that (A) the Cost Statement shall include design fees and a fee payable to the project’s construction manager or general contractor, not to exceed eight percent (8%) of the cost of the work, together with all work incidental theretoand (B) such construction manager or general contractor may be comprised of a subsidiary, is referred to hereinafter in this Exhibit X-x as the “Tenant Improvements”)affiliate or employees of Landlord. Tenant shall have ten (10) days after receipt of the CD’s and the Cost Statement in which to review both the CD’s and the Cost Statement and to give Landlord written notice of Tenant’s approval of the CD’s or its requested changes thereto. Tenant shall have no right to request any changes to the CD’s that would materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt of the CD’sthereof, then Tenant shall be deemed to have approved the CD’s and the Cost Statement and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall make those changes which are reasonably requested by Tenant and shall, shall within ten (10) days of its receipt of such request submit the revised portion of the CD’s (and, to the extent applicable, the revised Cost Statement) to Tenant. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s’s and the Cost Statement, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s’s and the Cost Statement, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s and acknowledge the Cost Statement in writing within three (3) days following Landlord’s written request therefor. Nothing contained in this Section 2(b) shall be construed to impair Tenant’s right to make Change Orders (as defined below) in accordance with Section 4 belowtherefore.

Appears in 1 contract

Samples: Lease (Phoenix Container, Inc.)

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