Common use of CONSTRUCTION DRAWINGS FOR THE PREMISES Clause in Contracts

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, 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 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

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CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed that certain space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is attached hereto as Schedule 1 to Exhibit B (collectively, the 1”. Based upon and in conformity with the Final Space Plan”). Following Tenant’s execution and delivery of this Lease, Landlord Tenant shall cause its architect continue to cooperate in good faith with Landlord’s architects and engineers to prepare supply such information as is necessary to allow the Landlord’s architects and deliver engineers to Tenant, for Tenant’s approval, detailed specifications complete the architectural and engineered working engineering drawings for the tenant improvements shown Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Final work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Space Plan (as reasonably determined by Landlord) and otherwise in accordance with Building standards (the “Working Drawings”). The Landlord shall supply Tenant with electronic copies of the Working Drawings 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 items, as determined by Landlord. Within within three (3) business days of their completion. Tenant shall advise Landlord within two (2) business days after Tenant’s receipt of such copies of the Working DrawingsDrawings if Tenant reasonably believes the same are not materially consistent with the Space Plan or incomplete in any material respect. If Landlord is so advised, Tenant Landlord shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove promptly cause the Working Drawings to be revised to make them materially consistent with, or a logical extension of, the extent such Space Plan. Landlord shall then re-submit the revised Working Drawings are inconsistent with to Tenant in the Final Space Plan format prescribed above, and only if Tenant delivers to Landlord, shall thereafter respond within such three one (31) business day period, specific changes proposed by after Tenant’s receipt of such copies of the Working Drawings if Tenant which reasonably believes the same are not materially consistent with the Final Space Plan and do not constitute changes which would result or incomplete in any of material respect, with the circumstances described in items (i) through (iv) hereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers process repeating until Tenant approves or is deemed to revise have approved 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, the same shall be known as (the “Approved Working Drawings”). The tenant Landlord shall construct the improvements shown on in the Approved Working Drawings shall be referred to herein as Premises (the “Tenant Improvements”. Once ) using Building standard methods, materials and finishes pursuant to the Approved Working Drawings have been approved by Landlord and Tenant, Drawings. Tenant shall make no changes, change orders changes or modifications thereto to (i) the Space Plan, or (ii) once completed, the 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) would directly or indirectly delay the Substantial Completion Completion,” as that term is defined in Section 5.1 of the Premises (as defined below); (ii) increase the costs of the designthis Tenant Work Letter, permitting and construction of the Tenant Improvements above or increase the cost of designing or constructing the Tenant Improvements, provided, however, that if Tenant agrees in writing that any such delay shall be a “Tenant delay” subject to Section 5.2 of this Tenant Work Letter and/or Tenant agrees in writing to deposit such additional costs of the designwith Landlord, permitting then Landlord shall not unreasonably withhold, condition or delay its approval to such changes. The Tenant Improvements shall be constructed in accordance with Landlord’s Building standards, using Building standard methods, materials and construction of finishes which are materially consistent with those tenant improvements depicted currently existing in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Premises.

Appears in 3 contracts

Samples: Lease, Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”"Improvements") and is pursuant to that certain plan attached hereto as Schedule “1”1 (the "Plan"). Based upon and in conformity with Unless specifically noted to the Final Space contrary on the Plan, Landlord the Improvements shall cause its architect and engineers to prepare and deliver to Tenantbe constructed using Project-standard quantities, 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 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 items, materials as determined by Landlord. Within If determined by Landlord to be necessary, based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plan unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plan or the Approved Working Drawings 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 3 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the LeaseBy December 31, 1998, Landlord and Tenant have approved will approve a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the "Final Space Plan”) and is attached hereto as Schedule “1”"). Based upon and in conformity with the Final Space Plan and Allstate Real Estate and Construction Outline Specifications dated October 1, 1997 (the "Specifications"), within five (5) days of the approval of the Final Space Plan, Landlord Tenant shall cause its architect and engineers to prepare and deliver to Landlord and Tenant, for Tenant’s both party's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 items, as determined by LandlordSpecifications. Within three five (35) business days after Tenant’s 's receipt of the Working Drawings, Landlord and 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 three (3) business day period, make 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 (ivii) hereinbelowbelow. If any such revisions are timely and properly proposed by Tenant, Landlord Tenant shall cause its architect and engineers to revise the Working Drawings to incorporate such required revisions and submit the same for Tenant’s Landlord'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 's and Tenant’s 's approval of the Working 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 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 's sole discretion discretion, if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the BuildingPremises; and/or (ivii) require any changes to the Basebase, Shell shell and Core core work or structural improvements or systems of the Building. The Final Space Plan, Specifications, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings". The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the "Tenant Improvements".

Appears in 2 contracts

Samples: Sublease Agreement (E Loan Inc), Sublease Agreement

CONSTRUCTION DRAWINGS FOR THE PREMISES. 2.1 Prior to the full execution and delivery of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, a copy of which space plan has been prepared by XxXxxxxxx Architects is attached hereto as Exhibit C-1 (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 have been approved by Landlord and Tenant, Landlord and Tenant shall make no changes, change orders or modifications thereto without the prior written consent of Landlordthe other party (which consent shall not be unreasonably withheld, conditioned, or delayed), but 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 Premises (as defined below)unless Tenant agrees it would be a Tenant Delay; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space PlanPlan unless Tenant agrees to pay for such increase; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings.” Section 3

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the As soon as reasonably practicable following mutual execution and delivery of the Lease, Landlord shall cause Landlord’s architect to prepare detailed plans and Tenant have approved a detailed space plan specifications for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Improvements (the Final Space PlanConstruction Documents”) and is based upon that certain Space Plan attached hereto as Schedule 1 (the 1Plan). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect then forward the Construction Documents, along with a reasonable description of the proposed Project-standard specifications and engineers materials, to prepare and deliver to Tenant, 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 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 tenant improvement items, as determined by Landlord. Within three Construction Documents within five (35) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheldthereof; provided, however, that any disapproval of the Construction Documents by Tenant may only shall be accompanied by a detailed written explanation of the reasons for Tenant’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, Construction Documents within such three said five (35) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not period shall be deemed to constitute changes which would result in any of the circumstances described in items (i) through (iv) hereinbelow. 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 provisionsthereof. The Construction Documents, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings have been approved by Construction Documents.” Landlord and Tenant’s approval of the Approved Construction Documents shall not be a representation or warranty of Landlord or Tenant that such drawings are adequate for any use or comply with any Law, but shall merely be the consent of Landlord and Tenant thereto. Landlord shall construct the Improvements substantially in accordance with the Approved Construction Documents. Unless specifically noted to the contrary on the Approved Construction Documents, the Improvements shall be constructed using Project-standard quantities, specifications and materials. Tenant shall make no changes, change orders changes or modifications thereto to the Approved Construction Documents 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 5.1 of this Tenant Work Letter, of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the BuildingImprovements. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.SECTION 2

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Architects, dated December 8, 2016 (the “Final Space Plan”) and ), which Final Space Plan is attached hereto as Schedule 1. Also attached as part of Schedule 1 is a design and construction schedule and an assumptions regarding the design and construction of the Tenant Improvements. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlordset forth in Schedule 2. Within three two (32) business days after Tenant’s receipt of the Working 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 three two (32) business 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 (iv) hereinbelow. 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, 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 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) delay the Substantial Completion of the Premises (as defined below)) unless Tenant agrees (in writing) that such delay in the amount specified by Landlord is a Tenant Delay; (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; unless Tenant agrees (in writing) to pay such increase in the amount specified by Landlord (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.. EXHIBIT B

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Legacy Partners CDS, Inc., dated March 14, 2012 and last revised on April 4, 2012 (the “Final Space Plan”) and is as shown on Schedule 1 attached hereto as Schedule “1”hereto. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three five (35) business days after Tenant’s receipt of the Working 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 three five (35) business business-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 (iv) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs amount of the designAllowance (as defined below), permitting and construction unless Tenant agrees to pay such additional cost as part of those tenant improvements depicted in the Final Space PlanOver-Allowance Amount; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”. Landlord shall construct the Tenant Improvements in accordance with all applicable law.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects BPA Architecture Planning Interiors, dated June 22, 2006, attached hereto as Schedule 1 (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings..

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects New Premises and the New Building (the “Final Space Plan”"Improvements") and is attached hereto as Schedule “1”pursuant to that certain [DESCRIPTION OF AGREED UPON PLANS AND THEIR DATE TO BE INSERTED] (collectively, the "Plans"). Based upon and Also included in conformity with the Final Space PlanImprovements, Landlord shall cause its architect perform HVAC control upgrades, which upgrades shall consist of removing the existing Carrier VVT control system and engineers replacing with Alerton Energy Management controls platform. All HVAC components shall be evaluated and replaced as reasonably determined by Landlord to prepare and deliver be appropriate to Tenantoperate in a manner consistent with a suburban tech/office building. Unless specifically noted to the contrary on the Plans, for Tenant’s approvalthe Improvements shall be constructed using quantities, detailed specifications and engineered working drawings materials that are standard for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings 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 items, New Building as determined by Landlord. Within If determined by Landlord to be necessary, based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 1 contract

Samples: Lease (Data I/O Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”"Improvements") and is pursuant to that certain plan prepared by" Hurkes Harris Design Associates xxxxx Xxxx 05, 2005 as modified by the bulletins which are attached hereto as Schedule “1”1 and made a part hereof (collectively, the "Plans"). Based upon and in conformity with Unless specifically noted to the Final Space Plancontrary on the Plans, Landlord the Improvements shall cause its architect and engineers to prepare and deliver to Tenantbe constructed using Project-standard quantities, 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 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 items, materials as determined by Landlord. Within Based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 '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 5.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”) and ), which Final Space Plan is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings.” SECTION 3

Appears in 1 contract

Samples: Work Letter Agreement (Axesstel Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Leasethis First Amendment, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (i.e., the Original Premises and the Expansion Space), as supplemented by a detailed pricing plan setting forth the estimated costs of the design, permitting and construction of such improvements in the Premises, a copy of which space plan has been prepared by XxXxxxxxx Architects and pricing plan is attached hereto as Schedule 1 (collectively, the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, 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 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) delay the Substantial Completion of the Premises (as defined below)Expansion Space; (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements described and 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 Basebase, Shell shell and Core core work or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”.

Appears in 1 contract

Samples: To Lease (American River Bankshares)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects JPC Architects, and is dated May 22, 2013 (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 components (the “Specifications”) to be used in the construction of tenant improvement itemsimprovements (collectively, as determined the “Standard Improvement Package”), which Specifications have been received and reviewed by LandlordTenant. Landlord may make changes to the Specifications for the Standard Improvement Package from time to time. Within three (3) business days Business Days after Tenant’s receipt of the Working 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 three (3) business day 3)-Business Day period, specific changes proposed by Tenant which that are consistent with the Final Space Plan and do not constitute changes which that would result in any of the circumstances described in items (i) through (iv) hereinbelowbelow. 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 provisionsprovisions within three (3) Business Days after Landlord’s receipt of such proposed revisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant; provided, however, that if the Working Drawings are not finally approved by Landlord and Tenant by May 24, 2013, then either Landlord or Tenant may, in its sole discretion, terminate the Lease upon delivery of written notice therefor to the other on or before May 31, 2013. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known referred to 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 have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto to the 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) directly or indirectly delay the Substantial Completion of the Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements (as defined below) above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for Specifications set forth in the BuildingStandard Improvement Package; and/or (iv) require any changes to the Basebase, Shell shell and Core or core work, the Building’s Structure structural improvements or systems any of the Building’s Systems. The Final Space Plan, Working Drawings Plan and Approved Working Drawings shall be collectively referred to herein as, as the “Construction Drawings”. The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”. Following Landlord’s and Tenant’s approval of the Working Drawings, and the Contractor’s EXHIBIT D 1 [Cypress Building] [Griptonite, Inc.] completion of its construction schedule for the Tenant Improvements, Landlord shall deliver a courtesy copy of such construction schedule to Tenant, and thereafter, Tenant may request from time to time that Landlord provide Tenant with a courtesy copy of any revised construction schedule and if Landlord has received such an updated construction schedule from the Contractor, Landlord shall deliver a courtesy copy of the same to Tenant. In addition, following Tenant’s written request following the Substantial Completion of the Tenant Improvements, Landlord shall provide Tenant with a statement of the final costs of the construction of the Tenant Improvements for Tenant’s use solely in connection with the “full value” requirement for Tenant’s property damage insurance under Section 11(a)(B) of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects _______________, Dated ______ Job. No. _____ (the "Final Space Plan”) and is attached hereto as Schedule “1”"). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 's standard tenant improvement package items, as determined by Landlord. Within three five (35) business days after Tenant’s 's receipt of the Working 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 three five (35) business day 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) hereinbelowbelow. 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 '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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those 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 Basebase, Shell shell and Core core work or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings". The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the "Tenant Improvements".

Appears in 1 contract

Samples: Office Lease (Unapix Entertainment Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been Premises (the "Improvements") pursuant to that certain Floor Plan and Demo Plan prepared by XxXxxxxxx Architects Architectural Technologies dated April 23, 2010 (collectively, the “Final Space Plan”) and "Plans"), a copy of which is attached hereto as Schedule 1. Based upon and in conformity with Unless specifically noted to the Final Space Plancontrary on the Plans, Landlord the Improvements shall cause its architect and engineers to prepare and deliver to Tenantbe constructed using Project-standard quantities, 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 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 items, materials as determined by Landlord. Within If determined by Landlord to be necessary based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 '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 5.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Alliance Fiber Optic Products Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been Premises (the "Improvements") pursuant to that certain Space Plan SP-2 prepared by XxXxxxxxx Architects (the “Final Space Plan”) Evolution Design, dated December 10, 2009, as last revised on December 21, 2009, and is attached hereto as Schedule “1”1 (collectively, the "Plans"). Based upon and in conformity with Unless specifically noted to the Final Space Plancontrary on the Plans, Landlord the Improvements shall cause its architect and engineers to prepare and deliver to Tenantbe constructed using Project-standard quantities, 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 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 items, materials as determined by Landlord. Within If determined by Landlord to be necessary based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 shall not be unreasonably withheld in Landlord’s sole discretion by Landlord if such change or modification would: (i) would directly or indirectly delay the "Substantial Completion Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Ecotality, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain tenant improvements in the Premises (i.e., only the Expansion Premises, which space plan has been prepared by XxXxxxxxx Architects ) (the “Final Space PlanTenant Improvements”) pursuant to that certain space plan and pricing plan prepared by RMW and dated February 24, 2010, a reduced copy of which is attached hereto as Schedule I (collectively, the 1Approved Space Plan and Pricing Plan). Based upon and Immediately following Tenant’s execution of this Amendment, Tenant shall cooperate in conformity good faith with the Final Space Plan, Landlord shall cause its architect Landlord’s architects and engineers to prepare supply such information necessary to allow the Landlord’s architects and deliver engineers to Tenant, for Tenant’s approval, detailed specifications complete the architectural and engineered working engineering drawings for the tenant improvements shown Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Final Space Plan (work and to obtain all applicable permits. Following the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load full execution and other structural delivery of this Amendment by Landlord 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers working drawings to revise be prepared for the Working Drawings to incorporate Tenant Improvements, provided that such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisionsworking drawings shall be consistent with, 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 Drawingsa logical extension of, the same shall be known as Approved Space Plan and Pricing Plan (the “Approved Working Drawings”). The tenant improvements shown on Notwithstanding any contrary provision of this Tenant Work Letter, the Approved Working Drawings Tenant Improvements shall in any event be referred to herein as the “Tenant Improvements”constructed using Building standard methods, materials and finishes. Once the Approved Working Drawings have been approved by Landlord and Tenant, Tenant shall make no changes, change orders changes or modifications thereto to the (i) Approved Space Plan and Pricing Plan, (ii) the Tenant Improvements, or (iii) once completed, the 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) would directly or indirectly delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction completion of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be Premises or increase the cost of a quality lower than designing or constructing the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the BaseTenant Improvements. 659835.03/WLA 888888-00374/5-24-10/jdk/jdk EXHIBIT B -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.Inc.]

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan that certain Work Letter R2 for the construction of certain improvements in the Premises, which space plan Work Letter R2 has been prepared by XxXxxxxxx Architects JPC Architects, and is dated August 19, 2013 (as used herein, the “Final Space Plan”) and ), a reduced copy of which is attached hereto as Schedule “1”. 1 to Exhibit D. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect JPC Architects 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 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 components (the “Specifications”) to be used in the construction of tenant improvement itemsimprovements (collectively, as determined the Standard Improvement Package”), which Specifications have been received and reviewed by LandlordTenant. Landlord may make changes to the Specifications for the Standard Improvement Package from time to time. Within three five (35) business days Business Days after Tenant’s receipt of the Working 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 three (33)-five- (5) business day Business Day period, specific changes proposed by Tenant which that are consistent with the Final Space Plan and do not constitute changes which that would result in any of the circumstances described in items (i) through (iv) hereinbelowbelow. 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, the same shall be known referred to 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 have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto to the 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) directly or indirectly delay the Substantial Completion of the Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements (as defined below) above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for Specifications set forth in the BuildingStandard Improvement Package; and/or (iv) require any changes to the Basebase, Shell shell and Core or core work, the Building’s Structure structural improvements or systems any of the Building’s Systems. The Final Space Plan, Working Drawings Plan and Approved Working Drawings shall be collectively referred to herein as, as the “Construction Drawings”.. The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”. SECTION 2

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Architects, dated August 13, 2019 (the “Final Space Plan”) and ), which Final Space Plan is attached hereto as Schedule 1. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for TenantXxxxxx’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings 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 items, as set forth on Schedule 3 and otherwise determined by Landlord. Within three (3) business days after TenantXxxxxx’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed by TenantXxxxxx, 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 TenantXxxxxx’s approval of the Working 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 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and or construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.. During the design of the Construction Drawings, Tenant shall have the right to approve the budget for the Tenant Improvements as such budget is formulated and finalized during such design process. EXHIBIT B- 1 - GENESIS SSF - TWO TOWER PLACEArsenal Biosciences, Inc.[Execution Original]

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan plans for the construction of certain improvements in the Premises, which space plan has plans have been prepared by XxXxxxxxx Architects XxXxxxxxx, dated October 24, 2018 (collectively, the "Final Space Plan”) and "), which Final Space Plan is attached hereto as Schedule 1. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 's standard tenant improvement items, as set forth on Schedule 3 and as otherwise reasonably determined by Landlord, subject to Tenant’s reasonable approval. Within three (3) business days after Tenant’s 's receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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 '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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below), unless Tenant agrees (in writing) that such delay in the amount specified by Landlord is a Tenant Delay; (ii) increase the costs of the design, permitting and or construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan, unless Tenant agrees (in writing) to pay (and does pay) such increase in the amount specified by Landlord; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or 879352.05/SD374622-00001/3-28-19/MLT/bp EXHIBIT B-2- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings".

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan (the “Final Space Plan”) for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is as shown on Schedule 1 attached hereto as Schedule “1”hereto. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three four (34) business days after Tenant’s receipt of the Working 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 three four (34) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined belowunless Tenant agrees in writing that any such delay shall constitute a Tenant Delay); (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”. Notwithstanding anything to the contrary contained herein, with respect to the Tenant Improvements shown on the Final Space Plan attached hereto as Schedule 1, Tenant shall not be required to remove any of such Tenant Improvements at the expiration or earlier termination of the Lease other than those Tenant Improvements which have been highlighted on Schedule 2 which shall require removal and restoration at the expiration or earlier termination of the Lease. With respect to any Tenant Improvements constructed pursuant to this Tenant Work Letter and not shown on Schedule 1, Landlord shall advise Tenant at the time of granting consent to such Tenant Improvements if Tenant shall be required to remove such improvements at the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and Huntsman Architectural Group, dated March 21, 2013, a copy of which is attached hereto as Schedule “1”2 (the "Final Space Plan"). Based upon and in conformity with the Final Space PlanPlan and the additional specification on Schedule 1 to this Tenant Work Letter (the "Additional Specifications"), Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan and the Additional Specifications (the "Working Drawings"). The Working Drawings shall incorporate modifications to the Final Space Plan and the Additional Specifications 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 items, as determined by Landlord. Within three (3) business days after Tenant’s 's receipt of the Working 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 withheld and only if Tenant delivers to Landlord, within such three (3) business day days period, specific changes proposed by Tenant; provided, that Tenant may not propose any change 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 would be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (ivii) hereinbelowrequire any changes to the Base, Shell and Core or structural improvements or systems of the Building. 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 '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. If any changes to the Working Drawings proposed by Tenant (A) are not shown on the Final Space Plan, (B) are not set forth in the Additional Specifications or (C) would cost more than standards specifically set forth in the Additional Specifications, then Tenant shall pay the cost thereof (or, the incremental increase in cost thereof over the standards in the Additional Specifications, if applicable), which payment shall be made to Landlord in cash within ten (10) days after Tenant's receipt of invoice therefor from Landlord and, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence of Section 3 below. Upon Landlord’s 's and Tenant’s 's approval of the Working 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 have been approved by Landlord and Tenant, Tenant shall make no changes, change orders or modifications thereto ("Changes") without the prior written consent of LandlordLandlord not to be unreasonably withheld, conditioned or delayed, but which consent may be withheld in Landlord’s 's sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iiix) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (ivy) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Landlord shall approve or reasonably disapprove any proposed Change within five (5) business days after Tenant's request. If Landlord disapproves of any proposed Change, then Landlord shall state in reasonable detail its reasons for disapproving the proposed Change. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any proposed Change within such five (5) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a "Second Change Request") that specifically identifies the applicable Change and contains the following statement in bold and capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL OF A CHANGE PURSUANT TO THE PROVISIONS OF SECTION 2 OF EXHIBIT C TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE CHANGE." If Landlord fails to respond to such Second Change Request within three (3) business days after receipt by Landlord, the Change in question shall be deemed approved by Landlord. Following any request by Tenant for a Change, Landlord shall promptly deliver to Tenant written notice of the estimated costs that will be incurred to implement the proposed Change and the estimated Tenant Delay (if any) that will result from such Change ("Landlord's Change Notice"). After receipt of Landlord's Change Notice, if Tenant advises Landlord to proceed with the proposed Change, then the proposed Change shall be incorporated into the Approved Working Drawings. If any Changes proposed by Tenant (I) are not shown on the Final Space Plan, Working Drawings and Approved Working Drawings (II) are not set forth in the Additional Specifications or (III) would cost more than standards specifically set forth in the Additional Specifications, then Tenant shall pay the cost thereof (or, the incremental increase in cost thereof over the standards in the Additional Specifications, if applicable), which payment shall be collectively referred made to herein asLandlord in cash within ten (10) days after Tenant's receipt of invoice therefor from Landlord and, in any event, prior to the “Construction Drawings”date Landlord causes the Contractor to commence the performance of such Change.

Appears in 1 contract

Samples: Office Lease (Raptor Pharmaceutical Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space PlanImprovements”) pursuant to that certain [INSERT DESCRIPTION OF AGREED UPON PLANS AND THEIR DATE] (collectively, the “Plans”). Unless specifically noted to the contrary on the Plans, the Improvements shall be constructed using Project-standard quantities, specifications and is attached hereto materials as Schedule “1”determined by Landlord. Based If determined by Landlord to be necessary based upon and in conformity with the Final Space PlanPlans, Landlord shall cause its architect and engineers the 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 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 tenant improvement items, as determined by Landlord. Within Working Drawings within three (3) business days after Tenant’s receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant’s disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not period shall be deemed to constitute changes which would result in any of the circumstances described in items (i) through (iv) hereinbelow. 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 provisionsthereof. The Working Drawings, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Approved Working Drawings.” Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 5.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the Promptly following execution of the this Lease, Landlord and Tenant have approved shall approve a detailed space plan for the construction of certain improvements in the Premises, which space plan has been shall be prepared by XxXxxxxxx Architects Design Blitz (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 itemsitems (“Specifications”), as determined by Landlord. Within three five (35) business days after Tenant’s receipt of the Working 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 three five (35) business day business‑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 (iv) hereinbelowbelow. 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, 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 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 shall not be unreasonably withheld; provided that Landlord may be withheld withhold its consent in Landlord’s sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (ivii) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Leasethis Second Amendment, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Reduced Premises, which space plan has been prepared by XxXxxxxxx Architects is attached hereto as Schedule “1” (the “Final Space Plan”), which improvement work is contemplated to consist of the following: (i) install a recess double door entry off of the lobby of the Reduced Premises, (ii) demise Xxxxx 000 xxxx Xxxxx 000, including all electrical, heating, and is attached hereto as Schedule air conditioning (iii) install new demising walls for Suite 210, (iv) recarpet the carpeted area of the Reduced Premises, (v) repaint the painted areas of the Reduced Premises, (v) provide dedicated HVAC to the server room in the Reduced Premises, and (vi) install a new lab/testing room in the Reduced Premises (collectively, 1Landlord’s Work). Any above Building-standard items shall be at Tenant’s sole cost and expense. Based upon and in conformity with the Final Space Plan, Landlord shall 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 tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Exhibit “C” Working 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 three (3) business day 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) hereinbelowbelow. 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, the same shall be known as the “Approved Working Drawings”. .” The tenant improvements shown on the Final Space Plan and the Approved Working Drawings (if any) shall be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings have been approved by Landlord and Tenant, .” Tenant shall make no changes, change orders or modifications thereto to the Final Space Plan and Final Working Drawings (if any) 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 Premises (as defined below)Reduced Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings (if any) and Approved Working Drawings (if any) shall be collectively referred to herein as, the “Construction Drawings..

Appears in 1 contract

Samples: Work Letter Agreement (Axesstel Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior Subject to the execution of the LeaseMaximum Allowance, Landlord and Tenant have approved a detailed space plan for shall construct the construction of certain improvements in the Premises, which Premises (the "Tenant Improvements") pursuant to the space plan has been prepared by XxXxxxxxx Architects and improvement specifications (the “Final Space "Approved Improvement Plan") and is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers agreed 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, 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 have been approved by between Landlord and Tenant, which agreement both parties shall use their best efforts to reach within thirty (30) days following the Commencement Date. Tenant shall make no changes, change orders changes or modifications thereto to the Approved Improvement Plan without the prior written consent of Landlord, which consent may be withheld in Landlord’s '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 5 of this Tenant Work Letter, of the Premises (as defined below); (ii) or increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above Improvements. Notwithstanding that Landlord may have reviewed and approved the costs of the designApproved Improvement Plan, permitting Landlord shall have no liability whatsoever in connection therewith and construction of those tenant improvements depicted shall not be responsible for any omissions or errors contained in the Final Space Approved Improvement Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes , and Tenant's waiver and indemnity set forth in this Lease shall specifically apply to the BaseApproved Improvement Plan. In no event shall Landlord be required to incur costs and expenses in connection with the in excess of Two Hundred Seventy Five Thousand One Hundred Fifty Four Dollars and Zero/100's ($275,154) (the "Maximum Allowance") in performing the Tenant Improvements,, Shell which costs shall include, without limitation, architectural fees, space planning, permit applications and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”design-related fees.

Appears in 1 contract

Samples: Office Lease (Acacia Research Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects SteelWave CDS, Inc., dated February 16, 2017, a copy of which space plan is attached hereto as Schedule 1 (the “Final Space Plan”) ). It is hereby acknowledged that Items 14 – 16 listed on the Final Space Plan are alternates, and is attached hereto as Schedule “1”shall be constructed at Tenant’s cost. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. If any my 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 1 contract

Samples: Lease (InterPrivate III Financial Partners Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed the space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is Premises attached hereto as Schedule 1 and the notes and specifications set forth thereon (the 1”. Based upon and in conformity with the Final Space Plan”). Within five (5) days of the date of full execution of this Lease, Landlord Tenant shall cause its architect cooperate in good faith with Landlord’s architects and engineers to prepare supply such information necessary to allow, and deliver Landlord shall cause, the Landlord’s architects and engineers to Tenant, for Tenant’s approval, detailed specifications complete the architectural and engineered working engineering drawings for the tenant improvements shown Premises in a form which is complete to allow subcontractors to bid on the Final work and to obtain all applicable permits and in a manner consistent with the Space Plan (collectively, the “Draft Working Drawings”). The Landlord shall cause the Draft Working Drawings shall incorporate modifications to the Final Space Plan as necessary be delivered to comply with the floor load Tenant for Tenant’s review and other structural and system requirements approval. The failure of Tenant to give Landlord written notice of its approval or disapproval 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 items, as determined by Landlord. Within three Draft Working Drawings within five (35) business days after following receipt thereof shall be deemed to constitute Tenant’s receipt of the approval thereof. The Draft Working 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 three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed as approved by Tenant, Landlord shall cause its architect and engineers are referred 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, the same shall be known as the “Approved Working Drawings.” Notwithstanding that Landlord has retained the architect and engineers to prepare the Approved Working Drawings, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Approved Working Drawings; however, Landlord will, at Tenant’s request, cooperate with Tenant in prosecuting any claims against the architect or engineer in connection with any such omissions or errors (the foregoing will not be construed as relieving Landlord from its obligations under Sections 1.2 and 24 of the Lease). Landlord shall construct, at Landlord’s cost (including all hard and soft costs), the improvements in the Premises (the “Improvements) pursuant to the Approved Working Drawings. The tenant improvements shown on Tenant shall make no changes or modifications to the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings 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 4.1 below of the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes Improvements. Unless specifically noted to the Base, Shell and Core contrary in this document or structural improvements on the Space Plan or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings Drawings, the Improvements shall be collectively referred to herein asconstructed using Building-standard specifications and materials, the “Construction Drawings”as determined by Landlord, or any mutually agreeable alternative materials.

Appears in 1 contract

Samples: Office Lease (Women First Healthcare Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Tenant Improvements”) pursuant to that certain Space Plan prepared by , dated and bearing Job No. [NEED TO PROVIDE INFORMATION] (the “Space Plan”). Within two (2) business days following request by Landlord or Landlord’s architect or engineers, Tenant shall supply Landlord and is attached hereto as Schedule “1”. Based upon Landlord’s architect and in conformity engineers with all of the Final Space Plan, Landlord shall cause its information necessary to enable Landlord’s architect and engineers to prepare complete the architectural and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working engineering drawings for the tenant improvements shown Premises and the final architectural working drawings in a form which conforms to all applicable laws and is complete to allow subcontractors to bid on the Final Space Plan (the “Working Drawings”)work and to obtain all applicable permits. The Working Drawings architectural and engineering drawings for the Premises and the final architectural working drawings shall incorporate modifications to be consistent with, and a logical extension of, the Final Space Plan as necessary to comply with the floor load and other structural and system requirements Plan. Upon completion of the Buildingfinal architectural working drawings, Landlord shall submit the same to Tenant for review and approval. 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 Tenant shall be in accordance with the specifications for the Building’s standard tenant improvement items, as determined by Landlord. Within have three (3) business days after following Tenant’s receipt of the Working Drawings, Tenant shall final architectural working drawings to review and approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that in no event shall Tenant may only disapprove have the Working Drawings right to withhold approval of the extent such Working Drawings final architectural working drawings so long as the same are inconsistent with consistent with, and a logical extension of, the Final Space Plan and only if Plan. Failure of Tenant delivers to Landlord, notify Landlord of Tenant’s approval or disapproval of the final architectural working drawings within such three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord period shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for be deemed Tenant’s approval thereof. If Tenant timely disapproves the final architectural working drawings, such disapproval shall be accompanied by a written itemization in accordance with reasonable detail setting forth the foregoing provisionsspecific portions of the final architectural working drawings that Tenant purports are not consistent with, 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 Drawingsa logical extension of, the same shall be known Space Plan. The final architectural working drawings as approved (or deemed approved) by Tenant are referred to herein as the “Approved Working Drawings.] To the maximum extent possible, the Tenant Improvements shall utilize the improvements existing in the Premises as of the date of the Lease. The tenant improvements shown on In no event shall the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”Improvements include any furniture (including, without limitation, workstations), fixtures, equipment, data or telecommunications equipment or cabling, or artwork. Once the Approved Working Drawings have been approved by Landlord and Tenant, Tenant shall make no changes, change orders modifications or modifications thereto substitutions to the Space Plan, the Approved Working Drawings or the Tenant Improvements (including, without limitation, any request by Tenant for incorporation in the Tenant Improvements of any materials or finishes which are not EXHIBIT B Building standard or which are not otherwise expressly set forth in the Space Plan or the Approved Working Drawings, or any request by Tenant that improvements be incorporated into the Approved Working Drawings which are not consistent with and a logical extension of the Space Plan as reasonably determined by Landlord) (collectively, “Changes”) without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”absolute discretion.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior LANDLORD SHALL CONSTRUCT THE IMPROVEMENTS IN THE PREMISES (THE "TENANT IMPROVEMENTS") pursuant to that certain plan dated March 19, 1997 and revised on March 21, 1997 and prepared by Henex, Xxxx & Xssociates (collectively, the "PLANS"). Unless specifically noted to the execution of contrary on the LeasePlans, Landlord and the Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord Improvements shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed be constructed using Building-standard specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings 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 items, materials as determined by Landlord. Within Based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Tenant Improvements ("WORKING DRAWINGS"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "APPROVED WORKING DRAWINGS." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 '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 5.1 of the Premises (as defined below); (ii) increase the costs of the designthis Tenant Work Letter, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be Premises or increase the cost of a quality lower than designing or constructing the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Tenant Improvements.

Appears in 1 contract

Samples: Defined Terms (On Village Communications Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct, at its sole cost (unless otherwise provided herein), the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space PlanTenant Improvements”) and is pursuant to that certain mutually agreed upon space plan / scope of work dated March 23, 2022 (the “Plans”) attached hereto as Schedule 1 and incorporated herein. Landlord and Tenant agree that the patio area shall cover the maximum area allowable by the 1water line”. Based Unless specifically noted to the contrary on the Plans, the Tenant 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 cause its architect and engineers the Architect (as defined in Section 4 below) 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 Tenant Improvements (the “Working Drawings”). The Landlord shall then forward the Working Drawings 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 tenant improvement items, as determined by Landlord. Within three Working Drawings within seven (37) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheldthereof; provided, however, that (a) 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 three (3) business day 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 (ib) through (iv) hereinbelow. 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 seven (7) 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, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Approved Working Drawings.” Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 discretion, if such change or modification would: would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5(a) of this Work Letter, of the Tenant Improvements, or increase the cost of designing or constructing the Tenant Improvements. Landlord shall provide Tenant with a moving allowance of up to, but not exceeding, $7.50 multiplied by the rentable square feet of the Premises, or $39,307.50 (the “Moving Allowance”), to be used towards Tenant’s (i) delay the Substantial Completion of the Premises (as defined below); moving costs, (ii) increase the costs of the designfurniture, permitting fixtures and construction of the Tenant Improvements above the costs of the designequipment, permitting and construction of those tenant improvements depicted in the Final Space Plan; and/or (iii) Base Rent next coming due under the Lease, in Tenant’s sole discretion. Any request to use the Moving Allowance shall be of a quality lower than supported by paid receipts or other reasonable documentation requested by Landlord, and Landlord shall disburse to Tenant the quality requested amount of the standard tenant improvement items for the Building; and/or Moving Allowance within thirty (iv30) require any changes to the Base, Shell and Core or structural improvements or systems days of Landlord’s approval of the Buildingsame. The Final Space PlanIf Tenant fails to make a request to use the Moving Allowance as set forth herein within twelve (12) months after the Commencement Date, Working Drawings Landlord shall retain the Moving Allowance (or any unused portion thereof) and Approved Working Drawings Tenant shall be collectively referred to herein as, the “Construction Drawings”have no further right thereto.

Appears in 1 contract

Samples: Office Lease (Summit Healthcare REIT, Inc)

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CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) Facility Solutions, and is attached hereto to the Lease as Schedule “1”EXHIBIT A (the "FINAL SPACE PLAN"). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”"WORKING DRAWINGS"). The Working Drawings 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 's standard tenant improvement package items, as determined by Landlord. Within three (3) business days after Tenant’s 's receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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 '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 's and Tenant’s 's approval of the Working 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”"APPROVED WORKING DRAWINGS". Once the Approved Working Drawings 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 's sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those 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 Basebase, Shell shell and Core core work or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”"CONSTRUCTION DRAWINGS". The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the "TENANT IMPROVEMENTS".

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space PlanImprovements”) pursuant to that certain Space Plan prepared by RBN Design dated March 5, 2012 and is attached hereto as Schedule 1 (collectively, the 1Plans). 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 cause its architect and engineers the 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 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 tenant improvement items, as determined by Landlord. Within Working Drawings within three (3) business days after Tenant’s receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 6 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant’s disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not period shall be deemed to constitute changes which would result in any of the circumstances described in items (i) through (iv) hereinbelow. 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 provisionsthereof. The Working Drawings, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Approved Working Drawings.” Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 6C of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Celladon Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain tenant improvements in the Premises (i.e., only the New Expansion Premises, which space plan has been prepared by XxXxxxxxx Architects ) (the “Final Space PlanTenant Improvements”) pursuant to that certain space plan and pricing plan prepared by RMW Architecture & Interiors and dated November 8, 2010, a reduced copy of which is attached hereto as Schedule 1 (collectively, the 1Approved Space Plan and Pricing Plan). Based upon and Immediately following Tenant’s execution of this Amendment, Tenant shall cooperate in conformity good faith with the Final Space Plan, Landlord shall cause its architect Landlord’s architects and engineers to prepare supply such information necessary to allow the Landlord’s architects and deliver engineers to Tenant, for Tenant’s approval, detailed specifications complete the architectural and engineered working engineering drawings for the tenant improvements shown Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Final Space Plan (work and to obtain all applicable permits. Following the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load full execution and other structural delivery of this Amendment by Landlord 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers working drawings to revise be prepared for the Working Drawings to incorporate Tenant Improvements, provided that such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisionsworking drawings shall be consistent with, 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 Drawingsa logical extension of, the same shall be known as Approved Space Plan and Pricing Plan (the “Approved Working Drawings”). The tenant improvements shown on Notwithstanding any contrary provision of this Tenant Work Letter, the Approved Working Drawings Tenant Improvements shall in any event be referred to herein as the “Tenant Improvements”constructed using Building standard methods, materials and finishes. Once the Approved Working Drawings have been approved by Landlord and Tenant, Tenant shall make no changes, change orders changes or modifications thereto to the (i) Approved Space Plan and Pricing Plan, (ii) the Tenant Improvements, or (iii) once completed, the 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) would directly or indirectly delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction completion of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be Premises or increase the cost of a quality lower than designing or constructing the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the BaseTenant Improvements. 668214.02/WLA 888888-00374/11-2-10/aab EXHIBIT B -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.Inc.]

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall, at its sole cost and expense, construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the PremisesPremises pursuant to that certain space plan, a copy of which space plan has been prepared by XxXxxxxxx Architects is attached hereto on Schedule 1 (the “Final Space Plan”) ). Promptly following the full execution and is attached hereto as Schedule “1”. Based upon and delivery of this Lease, Tenant shall cooperate in conformity good faith with the Final Space Plan, Landlord shall cause its architect Landlord’s architects and engineers to prepare supply the necessary information, if any, required to allow the Landlord’s architects and deliver engineers to Tenant, for Tenant’s approval, detailed specifications complete any additional architectural and engineered working engineering drawings for the tenant improvements shown Premises in a form, as approved by Tenant (such approval not to be unreasonably withheld or delayed), which is complete to allow subcontractors to bid on the Final work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Space Plan (the “Working Drawings”). The Working Drawings 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 thereoncollectively, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, the same shall be known as the “Approved Working Drawings”). The tenant Landlord shall, at its sole cost and expense, construct the improvements shown on in the Approved Working Drawings shall be referred to herein as Premises (the “Tenant Improvements”. Once ) pursuant to the Approved Working Drawings have been approved by Landlord and Tenantin accordance with Building standard methods, materials and finishes described on Schedule 2 attached hereto unless such specific fixtures are called for in the Approved Working Drawings. Tenant shall make no changes, change orders changes or modifications thereto to the 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) would directly or indirectly delay the Substantial Completion Completion,” as that term is defined in Section 5.1 of this Work Letter, of the Premises (as defined below); (ii) or, unless the incremental cost of such change or modification is paid for 100% by Tenant, increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed (A) the space plan for the construction of certain improvements in the Premises, which space plan has been Premises prepared by XxXxxxxxx Xxxxxx Consulting Architects dated March 11, 2008 and the notes and specifications set forth thereon (the “Final Space Plan”) and ), a copy of which is attached hereto as Schedule 1, (B) the Wateridge Cost Overview prepared by Landlord dated April 4, 2008 (the 1Cost Overview), a copy of which is attached hereto as Schedule 2, (C) the information, including the assumptions, specifications, pricing, fees and quantities set forth on the preliminary construction estimate for the Premises prepared by DBC Construction, Inc. dated March 28, 2008, including the sub-schedule for MP&E (the “Cost Estimate”), a copy of which is attached hereto as Schedule 3, and (D) the information, including the assumptions, specifications, pricing, fees and quantities set forth on the preliminary construction estimate for the Premises prepared by DBC Construction, Inc. dated April 3, 2008 for optional upgrades that may be selected by Tenant (the “Optional Upgrade Schedule”), a copy of which is attached hereto as Schedule 4. Based upon Within five (5) days of the date of full execution of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in conformity a manner consistent with the Final Space Plan, Landlord shall cause its architect Cost Overview and engineers to prepare and deliver to TenantCost Estimate (collectively, for Tenant’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Approved Working Drawings”). The Approved Working Drawings shall incorporate modifications will be approved by Tenant within five (5) days after submittal by the architect to Tenant, provided that Tenant’s right to disapprove will be limited to items which are not consistent with 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 or which were not completely set forth included in the Final Space Plan Plan. Notwithstanding that Landlord has retained the architect and engineers to prepare the Approved Working Drawings, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any portion of omissions or errors contained in the tenant improvements depicted thereonApproved Working Drawings. Landlord shall, at Landlord’s cost, reconfigure the actual specifications and finish work shall be Premises in accordance with the specifications for Space Plan and the Building’s standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Approved Working Drawings, Tenant shall approve or disapprove the sameusing and relocating and modifying existing lab benches, which approval shall not be unreasonably withheld; providedvent hoods, howeverbiosafety cabinets, that Tenant may only disapprove the Working Drawings other fixtures, piping, and electrical distribution devices, to the extent such Working Drawings that they are inconsistent with usable and serviceable, and shall construct and repair items that are required to implement the Final Space Plan and only if Tenant delivers to Landlord, within such three (3) business 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 (iv) hereinbelow. 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, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings ; all such work performed by Landlord shall be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings have been approved by Landlord and Tenant, .” The 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 wouldImprovements will also include: (i) delay the Substantial Completion of separate supply lines for de-ionized water to the Premises (as defined belowi.e., the distribution will not be shared with other tenants); , (ii) increase partitioning off the costs of cold room in a way so as to ensure that the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted portion in the Final Space Plan; Premises is usable for its intended purpose, (iii) separate circuitry for all electricity and HVAC to the cold room within the Premises (which circuitry shall be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or exclusively controlled by Tenant), (iv) require any changes separation and dedication of all exhaust systems for exclusive use of the Premises, (v) designing and establishing the Electrical Metering System as described in Section 6.1.2 of the Lease, (vi) separation of HVAC ducts to the BasePremises from the remaining space in the Building with zone dampeners and the performance of any air balancing work related thereto, Shell (vii) ensure that piping is in place to supply nitrogen and Core or structural improvements or systems of carbon dioxide to the Building. The Final Space PlanPremises from the exterior tanks, Working Drawings (viii) ensuring that the lab space within the Premises has controlled access from the equipment and Approved Working Drawings shall be collectively referred to herein asautoclave rooms, the “Construction Drawings”.(ix) adding a security door from the

Appears in 1 contract

Samples: Lease (Genomatica Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the LeaseAmendment, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Legacy Partners CDS, Inc., dated May 30, 2012 (the "Final Space Plan”) and "), which Final Space Plan is attached hereto as Schedule 1. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 's standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s 's receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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 '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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings”.". SECTION 3

Appears in 1 contract

Samples: First Amendment to Office Lease (PDF Solutions Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed the space plan for the construction of certain improvements in the Premises, which space plan has been Premises prepared by XxXxxxxxx Architects (the “Final Space Plan”) and is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers 1 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 Exhibit B (the “Working DrawingsSpace Plan”). The Working Drawings shall incorporate modifications to Space Plan provides what work the Final Landlord is responsible for from a cost standpoint (which is shown on the Space Plan as necessary to comply with “LANDLORD TURNKEY Tis”) and what work the floor load and other structural and system requirements Tenant is responsible for from a cost standpoint (which is shown on the Space Plan as “TENANT ALTS AT TENANT’S COST”). Within five (5) days 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working Drawingsdate Tenant executes this Lease, 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 cooperate in good faith with the Final Space Plan and only if Tenant delivers to Landlord, within such three (3) business 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 (iv) hereinbelow. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect ’s architects and engineers to revise supply such information necessary to allow the Working Drawings Landlord’s architects and engineers to incorporate such revisions complete the architectural and submit engineering drawings for the same for Tenant’s approval in accordance with the foregoing provisionsPremises, and the parties shall follow final architectural working drawings in a form which is complete to allow subcontractors to bid on the foregoing procedures for approving the Working Drawings until the same work and to obtain all applicable permits and in a manner consistent with, and which are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawingsa logical extension of, the same shall be known as Space Plan (collectively, the “Approved Working Drawings”). The tenant Landlord shall construct the improvements shown on in the Approved Working Drawings shall be referred to herein as Premises (the “Tenant Improvements”. Once ) pursuant to the Approved Working Drawings have been approved by Landlord and Tenant, Drawings. Tenant shall make no changes, change orders changes or modifications thereto to (i) the Space Plan or (ii) once completed, the 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) would directly or indirectly delay the Substantial Completion Completion,” as that term is defined in Section 4.1 of this Tenant Work Letter, of the Premises (as defined below); (ii) or increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes Improvements. Notwithstanding anything to the Basecontrary herein, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”call for materials and finishes of a nature and quality of at least Building Standard.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved will approve a detailed space plan for the construction of certain improvements in the Expansion Premises, which space plan has been will be prepared by XxXxxxxxx Architects an architect mutually acceptable to Landlord and Tenant (the "Final Space Plan”) and is attached hereto as Schedule “1”"). Based upon and in conformity with the Final Space Plan, Landlord Tenant shall cause its architect and engineers to prepare and deliver to TenantLandlord not later than August 31, 1999, for Tenant’s Landlord's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 's standard tenant improvement package items, as determined by LandlordLandlord (the "Building Specifications"). Within three (3) business days after Tenant’s Landlord's receipt of the Working Drawings, Tenant Landlord shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant Landlord may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and the Building Specifications and only if Tenant Landlord delivers to LandlordTenant, within such three (3) business day days period, specific changes proposed by Tenant Landlord 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) hereinbelowBuilding Specifications. If any such revisions are timely and properly proposed by TenantLandlord, Landlord Tenant shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s Landlord'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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iiiii) be of a quality lower than the quality of the standard tenant EXHIBIT "B" 6 improvement package items for the Building; and/or (iviii) require any changes to the Basebase, Shell shell and Core core work or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings". The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the "Tenant Improvements".

Appears in 1 contract

Samples: Lease (E Loan Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior All work required to be performed by Lessor or Lessor’s contractor pursuant to this Agreement is hereinafter referred to as the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain “Lessor’s Work.” Lessor shall cause to be constructed improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Lessee Improvements”) in accordance with that certain preliminary plan as marked up by Lessee (the “Space Plan”) and ). The Space Plan is attached hereto as Schedule “1”1 and is incorporated herein by reference. Based upon Lessor shall provide a Lessee Improvement allowance up to the amount of Twenty-five Thousand and in conformity with the Final Space Plan, Landlord 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 0/100 Dollars ($25,000.00) (the “Working DrawingsImprovement Allowance”) to be used for the costs relating to the Lessee Improvements, including without limitation, the costs to construct permanently affixed improvements to the Premises, (collectively the “Improvement Costs”). The Working Drawings Any Improvement Costs for Lessee Improvements exceeding this Improvement Allowance shall incorporate modifications be the responsibility of Lessee (the “Lessee’s Share of Improvement Costs”). Lessor and Lessee acknowledge that Lessor has received a bid from RCI Builders, Inc. (the “Contractor”) to complete the Final Space Plan Lessee Improvements in the amount of Fifty-five Thousand Eight Hundred Forty Nine Dollars and 0/100 Dollars ($55,849.00) (the “RCI Estimate”). Therefore, Lessee’s Share of Improvement Costs is estimated to be Thirty Thousand Eight Hundred Forty Nine Dollars and 0/100 Dollars ($30,849.00), which amount is subject to change 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, the same shall be known as the “Approved Working Drawings”herein. The tenant improvements shown RCI Estimate is based on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings have been approved by Landlord discussions with Lessee 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting Lessor and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Basescope of work requested by Lessee beyond that previously agreed upon by Lessor and Lessee shall be the sole responsibility of Lessee. Similarly, Shell and Core if the scope of work is changed by Lessor, due to requirements of Lessor, Lessor shall bear any additional costs associated with such changes. Lessee acknowledges that Lessor has made no representation or structural improvements warranty whatsoever concerning (i) the actual cost to construct the Lessee Improvements, or systems (ii) the extent to which the actual cost or final configuration of the Building. The Final Space PlanLessee Improvements will be affected by the adoption of new federal, Working Drawings and Approved Working Drawings shall be collectively referred to herein asstate or local laws or the implementation of any regulations or building requirements under new or existing laws, including, without limitation, the “Construction Drawings”Americans With Disabilities Act and any fire and life safety laws or regulations. Notwithstanding anything to the contrary contained herein, Lessor will notify Lessee immediately upon receipt of notice that the Improvement Costs will exceed the RCI Estimate.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Legacy CDS, Dated April 24, 2006 Job. No. ___ [TO BE PROVIDED] (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Architects, dated March 28, 2021 (the "Final Space Plan”) and "), which Final Space Plan is attached hereto as Schedule 1. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s 's approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Working Drawings"). The Working Drawings 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 's standard tenant improvement items, as determined by Landlord. Within three five (35) business days after Tenant’s 's receipt of the Working 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 three five (35) business 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 (iv) hereinbelow. 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 '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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) delay the Substantial Completion of the Premises (as defined below) (unless Tenant agrees in writing that such delay shall constitute a Tenant Delay); (ii) increase the costs of the design, permitting and or construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space PlanPlan (unless Tenant agrees in writing to pay such costs); (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the "Construction Drawings”.". 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp EXHIBIT B -1- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.]

Appears in 1 contract

Samples: Industrial (Kura Oncology, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed those certain preliminary space plan plans for the construction of certain improvements in the Premises, which space plan has plans have been prepared by XxXxxxxxx Architects Xxxxxxxx Xxxx, dated December 21, 2004 and December 6, 2004 (collectively, the “Preliminary Space Plan”). Within five (5) business days of the full execution of the Lease, Landlord and Tenant shall mutually approve a final space plan for the Tenant Improvements (“Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 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 's standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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 '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 's and Tenant’s 's approval of the Working 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 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 's sole discretion if such change or modification would: (i) directly or indirectly delay the Substantial Completion of the Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings..

Appears in 1 contract

Samples: Work Letter Agreement (Hi/Fn Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a preliminary space plan for the construction of certain improvements in the Premises (collectively, “Tenant improvements”) prepared by XxXxxxxxx Architects dated February 24, 2016 (the “Tenant Cost Space Plan”), which Tenant Cost Space Plan is attached hereto as Schedule 2; and which Tenant Cost Space Plan replaces the detailed space plan for the construction of certain Building-standard improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects and is dated November 19, 2015 (the “Landlord Cost Final Space Plan”) and ), which Landlord Cost Final Space Plan is attached hereto as Schedule “1”. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings 1 Also attached as Schedule 3 is a preliminary budget for the tenant improvements shown on additional costs created by the Tenant Cost Space Plan compared to the Landlord Cost Final Space Plan (the “Working DrawingsPreliminary Budget”) and an equipment list of Tenant’s equipment to be installed by Tenant in the Premises (“Equipment List”), which Equipment List is attached hereto as Schedule 4. The Working Drawings shall incorporate modifications Landlord and Tenant acknowledge and agree that (a) the change of the Tenant Improvements from those pursuant to the Landlord Cost Final Space Plan as necessary to comply with those pursuant to 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 Tenant Cost Space Plan (the “Change in Improvements”) will increase the total cost for any portion of the tenant improvements depicted thereonTenant Improvements to be incurred by Landlord for design, the actual specifications permitting and finish work construction, (b) Tenant shall be responsible for such increase in accordance with the specifications for provisions of this Tenant Work Letter, (c) the Building’s standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt Preliminary Budget is an estimate only of the Working Drawingscosts anticipated to be incurred by Landlord in connection with additional costs of the permitting, design and construction of the Change in Improvements. As such, Tenant acknowledges and agrees that, notwithstanding such Preliminary Budget, Tenant shall approve or disapprove be responsible for all out of pocket third party costs related to the sameChange in Improvements plus a construction supervision and management fee (the “Landlord Supervision Fee”) to Landlord in an amount equal to the product of (i) four percent (4%) and (ii) the costs of permitting, which approval shall not be unreasonably withhelddesign and construction of the Change in Improvements; provided, however, that Landlord and Tenant may only disapprove agree to work in good faith to achieve the Working Drawings Preliminary Budget costs for the Change in Improvements, which shall be based on open book budgeting for fairness to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such three (3) business 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 (iv) hereinbelow. 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 both Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings; provided further, the same shall be known however, that so long 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 have been approved by Landlord and Tenant, does not request a 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) delay the Substantial Completion of the Premises Cost Change (as defined below); (ii) increase , then Tenant’s responsibility for the costs cost of the design, permitting and construction of Change in Improvements (including the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; Landlord Supervision Fee) shall not exceed Four Hundred Fifty Thousand Dollars (iii$450,000.00) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction DrawingsConditional Cost Cap.). As used herein, “

Appears in 1 contract

Samples: Lease (Poseida Therapeutics, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”) and ), which Final Space Plan is attached hereto as Schedule “1”. .” Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings..

Appears in 1 contract

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Within ten (10) days following the mutual execution and delivery of the Leasethis Lease by Landlord and Tenant, Landlord and Tenant have approved shall approve of a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”) and is attached hereto as Schedule “1”). Based upon and in conformity with the Final Space Plan, Landlord 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 Plan, which shall include Tenant’s Supplemental HVAC (the “Working Drawings”). The Working Drawings 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”. The tenant improvements shown on the Approved Working Drawings shall be referred to herein as the “Tenant Improvements”.

Appears in 1 contract

Samples: Extension Option Rider (Riverbed Technology, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the this Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space Plan”) and ), which Final Space Plan is attached hereto as Schedule “1”. .” Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business day 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) hereinbelowbelow. 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 Tenants 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, 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 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 Premises (as defined below)Premises; (ii) increase the costs cost of the design, permitting and construction of designing or constructing the Tenant Improvements above the costs cost of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings.” SECTION 3

Appears in 1 contract

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the PremisesPremises (the "Tenant Improvements") pursuant to that certain space study dated January 22, which space plan has been 1997 prepared by XxXxxxxxx Architects Xxxx Xxxxxxxx and Xxxxxx as further delineated in the pricing bids dated January 22, 1997 and subsequently amended on January 27, 1997 and March 4, 1997 prepared by Pinnacle Construction (collectively, the “Final Space Plan”) and is attached hereto as Schedule “1”"Plans"). Based upon and in conformity with Unless specifically noted to the Final Space Plancontrary on the Plans, Landlord the Tenant Improvements shall cause its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed be constructed using Building-standard specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings 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 items, materials as determined by Landlord. Within Based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Tenant Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant’s 's receipt of the Working Drawings, 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 which are consistent with the Plans unless Tenant agrees to pay for the extent additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Working Drawings are inconsistent with by Tenant shall be accompanied by a detailed written explanation of the Final Space Plan and only if reasons for Tenant's disapproval. Failure of Tenant delivers to Landlord, reasonably disapprove any draft of the Working Drawings within such said three (3) business day periodperiod shall be deemed to constitute Tenant's approval thereof. The Working Drawings, 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) hereinbelow. 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 as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the "Approved Working Drawings." Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 '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 5.1 of the Premises (as defined below); (ii) increase the costs of the designthis Tenant Work Letter, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be Premises or increase the cost of a quality lower than designing or constructing the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Tenant Improvements.

Appears in 1 contract

Samples: Office Lease (Sound Source Interactive Inc /De/)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior Landlord shall construct the improvements in the Premises (the “Improvements”) pursuant to that certain space plan (collectively, the “Plans”) to be prepared by Landlord’s architect (the “Architect”). Unless specifically noted to the execution of contrary on the LeasePlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as reasonably determined by Landlord (comparable to the materials and Tenant have approved a detailed space plan for layout being used in the construction of certain the improvements for the tenant in Suite 200) (“Project Standard Improvements”). Landlord shall construct the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) Improvements in compliance with all applicable laws and is attached hereto as Schedule “1”building codes. Based upon and in conformity with the Final Space PlanPlans, Landlord shall cause its architect and engineers the 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 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 tenant improvement items, as determined by Landlord. Within three Working Drawings within five (35) business days after Tenant’s receipt of the Working Drawings, 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 three (3) business day 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) hereinbelow. 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 five (5) 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, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Approved Working Drawings.” Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 4.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the Improvements. As part of the design, permitting and construction of the Tenant Improvements above Improvements, Landlord shall, at Landlord’s cost, install one five-ton HVAC unit (that is consistent with the costs existing HVAC units at the Project) on the roof of the designProject and connect the same to the Premises. Tenant shall have the right to install one or more supplemental HVAC units in the Premises, permitting and at Tenant’s cost, provided that (a) Tenant shall not interfere with Landlord’s construction of those tenant improvements depicted the Improvements in the Final Space PlanPremises; (iiib) Tenant shall be of required to obtain Landlord’s written consent (which shall not be unreasonably withheld) prior to commencing such installation; and (c) at Landlord’s election, Tenant shall be required to install a quality lower than the quality of the standard tenant improvement items separate electrical meter at Tenant’s cost and pay directly for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”electricity used by such supplemental HVAC units.

Appears in 1 contract

Samples: Standard Office Lease (Allion Healthcare Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to Landlord shall construct the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Premises (the “Final Space PlanImprovements”) and is pursuant to that certain plan prepared by Xxxxxx Xxxxxx Design Associates dated July 15, 2005 as modified by the bulletins which are attached hereto as Schedule 1 and made a part hereof (collectively, the 1Plans). 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. Based upon and in conformity with the Final Space PlanPlans, Landlord shall cause its architect and engineers the 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 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 tenant improvement items, as determined by Landlord. Within Working Drawings within three (3) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheldthereof; provided, however, that (i) Tenant may only shall not be entitle 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 three (3) business day 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) hereinbelow. 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 accompanies 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 (#) 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, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Approved Working Drawings.” Tenant Improvements”. Once shall make no changes or modifications to the Plans or the Approved Working Drawings 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 5.1 of this Tenant Work Letter, of the Improvements in the Premises (as defined below); (ii) or increase the costs cost of designing or constructing the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Work Letter Agreement (Mitek Systems Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the As soon as reasonably practicable following mutual execution and delivery of the Lease, Landlord shall cause Landlord’s architect to prepare detailed plans and Tenant have approved a detailed space plan specifications for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects Improvements (the Final Space PlanConstruction Documents”) and is based upon that certain Space Plan attached hereto as Schedule 1 (the 1Plan). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect then forward the Construction Documents, along with a reasonable description of the proposed Project-standard specifications and engineers materials, to prepare and deliver to Tenant, 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 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 tenant improvement items, as determined by Landlord. Within three Construction Documents within five (35) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheldthereof; provided, however, that any disapproval of the Construction Documents by Tenant may only shall be accompanied by a detailed written explanation of the reasons for Tenant’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, Construction Documents within such three said five (35) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not period shall be deemed to constitute changes which would result in any of the circumstances described in items (i) through (iv) hereinbelow. 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 provisionsthereof. The Construction Documents, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally as approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. The tenant improvements shown on the Approved Working Drawings shall may be referred to herein as the “Tenant Improvements”. Once the Approved Working Drawings have been approved by Construction Documents.” Landlord and Tenant’s approval of the Approved Construction Documents shall not be a representation or warranty of Landlord or Tenant that such drawings are adequate for any use or comply with any Law, but shall merely be the consent of Landlord and Tenant thereto. Landlord shall construct the Improvements substantially in accordance with the Approved Construction Documents. Unless specifically noted to the contrary on the Approved Construction Documents, the Improvements shall be constructed using Project-standard quantities, specifications and materials. Tenant shall make no changes, change orders changes or modifications thereto to the Approved Construction Documents 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 5.1 of this Tenant Work Letter, of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”Improvements.

Appears in 1 contract

Samples: Office Lease (Castle Biosciences Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises, which space plan has been prepared by XxXxxxxxx Architects (the “Final Space Plan”) ), which Final Space Plan is dated January 14, 2016 and was prepared by DGA; such Final Space Plan is attached hereto as Schedule “1I”. Based upon and in conformity with the Final Space Plan, Landlord 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 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 items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working 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 three (3) business 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 (iv) hereinbelow. 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, 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 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) delay the Substantial Completion of the Premises (as defined below); (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the costs of the design, permitting and construction of those tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (iv) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings and Approved Working Drawings shall be collectively referred to herein as, the “Construction Drawings”.

Appears in 1 contract

Samples: Extension Option Rider (Turning Point Therapeutics, Inc.)

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