Common use of CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE Clause in Contracts

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior to the execution of this Second Amendment, Landlord and Tenant have approved a space plan for the construction of certain improvements in the Expansion Space (the “Final Space Plan”), which Final Space Plan is attached hereto as Schedule “1 “. Based upon and in conformity with the Final Space Plan, Landlord shall, if Landlord determines the same to be reasonably necessary, cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings (if any) shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard improvement package items, as determined by Landlord. Within five (5) business days after Tenant’s receipt of the Working Drawings (if any), Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any), the same shall be known as the “Approved Working Drawings”. Once the Approved Working Drawings (if any) have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Expansion Space; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard improvement package items for the Building; and/or (iv) require any changes to the Base, Shell and Core work or structural improvements or systems of the Building. The Final Space Plan, and, if any, the Working Drawings and Approved Working Drawings, shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown on the Final Space Plan and Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”.

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior On or before December 15, 2009, Tenant shall cooperate in good faith with Landlord’s architects and engineers to the execution of this Second Amendment, Landlord and Tenant have approved supply such information (including design requirements) necessary to allow Landlord’s architect to prepare a test fit space plan for the construction of certain improvements in the Expansion Space (the “Final Space Test Fit Plan”), which Final Space Plan is attached hereto as Schedule “1 “. Based upon and in conformity with Upon completion of the Final Space Test Fit Plan, Landlord shall, if Landlord determines or its architect shall deliver the same to be reasonably necessary, cause its architect and engineers to prepare and deliver to Tenant, Tenant for Tenant’s approvalapproval or reasonable disapproval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings (if any) shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work which approval or reasonable disapproval shall be in accordance with the specifications for the Building’s standard improvement package items, as determined delivered by Landlord. Within five Tenant to Landlord no later than ten (510) business days after Tenant’s receipt of such Test Fit Plan. If Tenant reasonably disapproves of any portion of the Working Drawings (if any)Test Fit Plan, such disapproval shall include Tenant’s requested revisions thereto. Upon receipt of Tenant’s revisions, Landlord shall cause its architect to revise the Test Fit Plan to include Tenant’s requested revisions that are reasonably acceptable to Landlord and; thereafter, Tenant shall approve or reasonably disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final revised Test Space Plan and only if Tenant delivers to Landlord, within such no later than five (5) business days periodafter Tenant’s receipt of such revised Test Fit Plan. If Tenant shall again reasonably disapprove the revised Test Fit Plan, specific changes proposed by Tenant which are consistent the parties will revise the Test Fit Plan again in accordance with the procedure set forth above until Tenant’s approval is obtained; however, all revisions to the Test Fit Plan made after the first (1st) revision shall be at Tenant’s sole cost and expense (and paid as an Over-Allowance Amount) and shall constitute Tenant Delay (as that term is defined below). Tenant’s failure to timely approve or reasonably disapprove the Test Fit Plan within the foregoing time frames shall be deemed to be Tenant’s approval thereof. The Test Fit Plan, as finally approved by Landlord and Tenant, shall be referred to herein as the “Final Space Plan and do not constitute changes which would result in any Plan.” Promptly after the approval of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by TenantTest Fit Plan, Landlord shall cause its architect and engineers to revise complete the architectural and engineering drawings for the Expansion Space in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with the Final Space Plan (collectively, the “Working Drawings”) and Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow Landlord’s architect and engineers to complete the same. The Working Drawings will be approved by Tenant within five (5) days after submittal by Landlord or its architect to Tenant. If Tenant disapproves the Working Drawings, the Working Drawings will be revised and approved in accordance with procedure set forth above for the revision of the Test Fit Plan (including the deemed approval provision in such procedure), except that all revisions to the Working Drawings after the first (1st) revision (except to the extent such revisions are necessary to cause the Working Drawings to incorporate such revisions and submit be consistent with the same for Final Space Plan) shall be at Tenant’s approval in accordance with the foregoing provisionscost (and paid as an Over-Allowance Amount), and the parties shall follow the foregoing procedures for approving the constitute Tenant Delay. The Working Drawings until the same are Drawings, as finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any), the same shall be known referred to herein as the “Approved Working Drawings.” Notwithstanding that Landlord has retained the architect and engineers to prepare the Test Fit Plan and the Working Drawings, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained therein. Landlord shall reconfigure the Expansion Space in accordance with the Final Space Plan and the Approved Working Drawings, using and relocating and modifying existing lab benches, vent hoods, biosafety cabinets, other fixtures, piping, and electrical distribution devices, to the extent that they are usable and serviceable, and shall construct and repair items that are required to implement the Space Plan and the Approved Working Drawings; all such work performed by Landlord shall be referred to herein as the “Tenant Improvements” and shall be performed at Landlord’s cost, except that if the cost to design and construct the Tenant Improvements (other than costs for which Tenant is responsible pursuant to this Section 1 as an Over-Allowance Amount) exceeds Eighty-Five Thousand Dollars ($85,000.00) (based upon $10.00 per rentable square foot of the Expansion Space) (the “Tenant Improvement Allowance”), Tenant shall pay all such excess as an Over-Allowance Amount. Once Tenant shall make no changes or modifications to the Approved Working Drawings (if any) have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Expansion Space; (ii) would increase the cost of designing or constructing the Tenant Improvements above the Improvements, unless Tenant agrees to pay such increased cost of the tenant improvements depicted in the Final Space Planas an Over-Allowance Amount; (iii) however any delays resulting from any such change or modification shall be of a quality lower than the quality of the standard improvement package items for the Building; and/or (iv) require any changes Tenant Delays. Unless specifically noted to the Base, Shell and Core work or structural improvements or systems of the Building. The Final Space Plan, and, if any, the Working Drawings and Approved Working Drawings, shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown contrary on the Final Space Plan and or the Approved Working Drawings (if any) Drawings, the Tenant Improvements shall be referred constructed using Building-standard specifications and materials, as determined by Landlord but comparable to herein the finishes and materials in the Existing Premises. Notwithstanding anything to the contrary set forth herein, Landlord shall not be required to pay for and/or provide, nor shall the Tenant Improvements include, any of the following, which list is not inclusive of all exclusions: (1) new telephone equipment or lines; (2) new data cabling lines within the Expansion Space or any computer equipment; (3) lab equipment not already on the Expansion Space and included in the Additional FF&E; (4) portable lab fixtures; (5) furniture not already on the Expansion Space and included in the Additional FF&E; (6) specialized gas services (other than as set forth in the “Tenant Improvements”preceding paragraph relative to nitrogen and carbon dioxide). Notwithstanding anything above that may read to the contrary, Landlord is not responsible for installing separate meters other than what is described in Article 6.1.2 of the Original Lease.

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior to the execution of this the Second Amendment, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Expansion Space Space, which space plan has been prepared by XxXxxxxxx Architects, dated April 5, 2018 (the “Final Space Plan”), which Final Space Plan is attached hereto as Schedule “1 “1. Based upon and in conformity with the Final Space Plan, Landlord shall, if Landlord determines the same to be reasonably necessary, shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings (if any) shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement package items, as determined by Landlord. Within five (5) business days after Tenant’s receipt of the Working Drawings (if any)Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business days day period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result in any of the circumstances described in items (i) through (iviii) belowhereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any)Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings (if any) have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Expansion Space; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement package items for the Building; and/or (ivii) require any changes to the Base, Shell and Core work or structural improvements or systems of the BuildingBuilding and/or (iii) delay Substantial Completion of the Expansion Space. The Final Space Plan, and, if any, the Working Drawings and Approved Working Drawings, Drawings shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown on the Final Space Plan and Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”.

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior to Landlord shall construct the execution of this Second Amendment, Landlord and Tenant have approved a space plan for the construction of certain improvements in the Expansion Space (the “Final Space PlanImprovements”), which Final ) pursuant to that certain Space Plan is prepared by Xxxxxxx & Xxxxxxx attached hereto as Schedule 1 (collectively, the “1 “Plans”). Based Unless specifically noted to the contrary on the Plans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary based upon and in conformity with the Final Space PlanPlans, Landlord shall, if Landlord determines shall cause the same to be reasonably necessary, cause its architect and engineers Architect to prepare detailed plans and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan Improvements (the “Working Drawings”). The Landlord shall then forward the Working Drawings (if any) to Tenant for Tenant’s approval. Tenant shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements approve or reasonably disapprove any draft of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard improvement package items, as determined by Landlord. Within five Working Drawings within three (53) business days after Tenant’s receipt of the Working Drawings (if any), Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheldthereof; provided, however, that (i) Tenant may only shall not be entitled to disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result Plans unless Tenant agrees to pay for the additional cost resulting from such change in any the Plans as part of the circumstances described in items Over-Allowance Amount pursuant to Section 2 below, and (iii) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise disapproval of the Working Drawings to incorporate such revisions and submit by Tenant shall be accompanied by a detailed written explanation of the same reasons for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings until the same are finally within said three (3) business day period shall be deemed to constitute Tenant’s approval thereof. The Working Drawings, as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any), the same shall may be known referred to herein as the “Approved Working Drawings”. Once .” Tenant shall make no changes or modifications to the Plans or the Approved Working Drawings (if any) have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would: (i) would directly or indirectly delay the “Substantial Completion Completion,” as that term is defined in Section SA of this Tenant Work Letter, of the Improvements in the Expansion Space; (ii) Space or increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard improvement package items for the Building; and/or (iv) require any changes to the Base, Shell and Core work or structural improvements or systems of the Building. The Final Space Plan, and, if any, the Working Drawings and Approved Working Drawings, shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown on the Final Space Plan and Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”.

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior to the execution of this Second the Third Amendment, Landlord and Tenant have approved a space plan detailed scope of work for the construction of certain improvements in the Expansion Space (the “Final Space PlanScope of Work”), which Final Space Plan Scope of Work is attached hereto as Schedule “1 “. 1.” Based upon and in conformity with the Final Space PlanScope of Work, Landlord shall, if Landlord determines the same to be reasonably necessary, shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan Scope of Work (the “Working Drawings”). The Working Drawings (if any) shall incorporate modifications to the Final Space Plan Scope of Work as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan Scope of Work for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement package items, as determined by LandlordLandlord in its commercially reasonable discretion. Within five (5) business days after Tenant’s receipt of the Working Drawings (if any)Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan Scope of Work or if the Working Drawings reflect a lesser standard than Building standard and only if Tenant delivers to Landlord, within such five (5) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan Scope of Work or such Building standards and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings Drawings, within five (5) business days, to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any)Drawings, the same shall be known as the “Approved Working Drawings”. Once .” The tenant improvements shown on the Scope of Work or Approved Working Drawings (if any) have been approved by Landlord and Tenant, shall be referred to herein as the “Tenant Improvements.” Tenant shall make no changes, change orders or modifications thereto to the Scope of Work or the Approved Working Drawings without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole commercially reasonable discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Expansion Space; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space PlanScope of Work; (iii) be of a quality lower than the quality of the standard tenant improvement package items for the Building; and/or (iv) require any changes to the Base, Shell and Core work or structural improvements or systems of the Building. The Final Space PlanScope of Work, and, if any, the Working Drawings and Approved Working Drawings, Drawings shall be collectively referred to herein as, the “Construction Drawings.”. The tenant improvements shown on the Final Space Plan and Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”.

CONSTRUCTION DRAWINGS FOR THE EXPANSION SPACE. Prior to Within five (5) days of the full execution and delivery of this Second Amendment, the Fifth Amendment by Landlord and Tenant, Tenant have approved a shall meet with Landlord’s Architect and provide Landlord’s Architect with information regarding the preliminary layout and designation of all proposed offices, rooms and other partitioning, and their intended use and equipment to be contained therein (the “Information”). Landlord shall cause Architect to, based on such Information (subject to changes reasonably required by Landlord), prepare the final space plan for the construction of certain improvements Tenant Improvements in the Expansion Space Premises (collectively, the “Final Space Plan”), which Final Space Plan shall include a layout and designation of all offices, rooms and other partitioning, their intended use, and equipment to be contained therein, and to deliver the Final Space Plan to Tenant for Tenant’s approval. Tenant shall approve or reasonably disapprove the Final Space Plan or any revisions thereto within five (5) business days after Landlord delivers the Final Space Plan or such revisions to Tenant; provided, however, that Tenant may only disapprove the Final Space Plan to the extent the same is attached hereto as Schedule not (subject to changes reasonably required by Landlord) in substantial conformance with the Information provided by Tenant to Architect (“1 “Space Plan Design Problem”). Tenant’s failure to disapprove the Final Space Plan for any Space Plan Design Problem or any revisions thereto by written notice to Landlord (which notice shall specify in detail the reasonable reasons for Tenant’s disapproval pertaining to any Space Plan Design Problem) within said five (5) business day period shall be deemed to constitute Tenant’s approval of the Final Space Plan or such revisions. Based upon and in conformity with the Final Space Plan, Landlord shall, if Landlord determines the same to be reasonably necessary, shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings (if any) shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement package items, as determined by Landlord. Within five (5) business days after Tenant’s receipt of the Working Drawings (if any)Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan Plan, and only if Tenant delivers to Landlord, within such five (5) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan (if applicable) and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval within five (5) business days after receipt of Tenant’s revisions, in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings (if any)Drawings, the same shall be known as the “Approved Working Drawings”. Once .” The tenant improvements shown on the Final Space Plan and/or Approved Working Drawings (if any) have been approved by Landlord and Tenant, shall be referred to herein as the “Tenant Improvements.” Tenant shall make no changes, change orders or modifications thereto to the Final Space Plan and/or Approved Working Drawings without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would: (i) increase the cost of the design, permitting and construction of the Tenant Improvements depicted in the Final Space Plan; (ii) directly or indirectly delay the Substantial Completion of the Expansion Space; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement package items for the Building; and/or (iv) require any changes to the Base, Shell and Core work or structural improvements or systems of the Building, in all cases excepting modifications necessary to satisfy Landlord’s obligations in Section 11 of the Fifth Amendment, which Landlord acknowledges shall be made at Landlord’s sole expense and not subject to Section 3 below. The Final Space Plan, and, if any, the Working Drawings and Approved Working Drawings, Drawings shall be collectively referred to herein as, the “Construction Drawings.”. The tenant improvements shown on the Final Space Plan and Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”.