Common use of CONSTRUCTION DRAWINGS FOR THE PREMISES Clause in Contracts

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 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 receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 3 contracts

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

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CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by XxXxxxxxx Architects (the "Improvements"“Final Space Plan”) pursuant to that certain plan and is attached hereto as Schedule 1 “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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are consistent inconsistent with the Final Space Plan unless and only if Tenant agrees delivers to pay for the additional cost resulting from Landlord, within 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 by Tenant 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 within said three (3) business day period 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 be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's ’s approval thereofin 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. The 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, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to and Tenant have approved that certain space plan for the Premises, attached hereto as Schedule 1 to Exhibit B (collectively, the "“Space Plan"). Unless specifically noted Following Tenant’s execution and delivery of this Lease, Tenant shall continue to cooperate in good faith with Landlord’s architects and engineers to supply such information as is necessary to allow the contrary Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Planwork and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Improvements shall be constructed using Project-standard quantities, specifications and materials Space Plan (as reasonably determined by Landlord. If determined by Landlord to be necessary, based upon ) and otherwise in accordance with Building standards (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 supply Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft with electronic copies of the Working Drawings within three (3) business days of their completion. Tenant shall advise Landlord within two (2) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of such copies of the Working Drawings which if Tenant reasonably believes the same are not materially consistent with the Space Plan unless or incomplete in any material respect. If Landlord is so advised, Landlord shall promptly cause the Working Drawings to be revised to make them materially consistent with, or a logical extension of, the Space Plan. Landlord shall then re-submit the revised Working Drawings to Tenant agrees to pay for the additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 belowformat prescribed above, and Tenant shall thereafter respond within one (ii1) any disapproval business day after Tenant’s receipt of such copies of the Working Drawings by if Tenant shall be accompanied by a detailed written explanation of reasonably believes the reasons for Tenant's disapproval. Failure of same are not materially consistent with the Space Plan or incomplete in any material respect, with the process repeating until Tenant approves or is deemed to reasonably disapprove any draft of have approved the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." ”). Landlord shall construct the improvements in the Premises (the “Tenant Improvements”) using Building standard methods, materials and finishes pursuant to the Approved Working Drawings. Tenant shall make no changes or modifications to (i) the Plan Space Plan, or (ii) once completed, the Approved Working Drawings Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Tenant Improvements 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 with Landlord, 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 finishes which are materially consistent with those currently existing in the Premises.

Appears in 3 contracts

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. 2.1 Prior to the full execution and delivery of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain Premises, a copy of which space plan is attached hereto as Schedule 1 Exhibit C-1 (the "“Final Space Plan"). Unless specifically noted 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 contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, 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 the 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 unless Tenant agrees it would be a Tenant Delay; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan unless Tenant agrees to pay for such increase; (iii) be of a quality lower than the additional cost resulting from such change in the Plans as part quality of the Over-Allowance Amount pursuant standard tenant improvement items for the Building; and/or (iv) require any changes to Section 2 belowthe Base, Shell and (ii) any disapproval Core or structural improvements or systems of the Building. The Final Space Plan, Working Drawings by Tenant and Approved Working Drawings 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be collectively referred to herein as as, the "Approved Working “Construction Drawings." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 2 contracts

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct As soon as reasonably practicable following mutual execution and delivery of the improvements in the Premises (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 the PlansLease, Landlord shall cause the Architect Landlord’s architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"“Construction Documents”) based upon that certain Space Plan attached hereto as Schedule 1 (the “Plan”). Landlord shall then forward the Working Drawings Construction Documents, along with a reasonable description of the proposed Project-standard specifications and materials, to Tenant for Tenant's ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings Construction Documents within three five (35) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant 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 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 Construction Documents by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings Construction Documents within said three five (35) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working DrawingsConstruction Documents, as approved by Landlord and Tenant, . may be referred to herein as the "Approved Working DrawingsConstruction 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 or modifications to the Plan or the Approved Working Drawings 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements.

Appears in 2 contracts

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by XxXxxxxxx Architects, dated December 8, 2016 (the "Improvements") pursuant to that certain plan “Final Space Plan”), 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"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed plans 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 Improvements Building’s standard tenant improvement items, as set forth in Schedule 2. Within two ("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 (32) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 two (2) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant 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 Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereofherein as the “Tenant Improvements”. The Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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”.

Appears in 2 contracts

Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)

CONSTRUCTION DRAWINGS FOR THE PREMISES. By December 31, 1998, Landlord shall construct and Tenant will approve a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Final Space Plan"). Unless specifically noted 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, Tenant shall cause its architect and engineers to prepare and deliver to Landlord and Tenant, for both party's approval, detailed specifications and engineered working drawings for the contrary tenant improvements shown on the Plan, Final Space Plan (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 the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within three 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. Within five (35) business days after Tenant's receipt thereofof 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 make specific changes which do not constitute changes which would result in any of the circumstances described in items (i) through (ii) below. Tenant shall not be entitled cause its architect and engineers to disapprove any portionrevise the Working Drawings to incorporate required revisions and submit the same for Landlord's approval in accordance with the foregoing provisions, component or aspect 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 which are consistent with Drawings, the Plan unless Tenant agrees to pay for same shall be known as the additional cost resulting from such change in "Approved Working Drawings". Once the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (ii) any disapproval of the Approved Working Drawings by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as 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; and/or (ii) require any changes to the base, shell and 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 "Approved Working DrawingsTenant Improvements"." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 2 contracts

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by Legacy Partners CDS, Inc., dated March 14, 2012 and last revised on April 4, 2012 (the "Improvements"“Final Space Plan”) pursuant to that certain plan attached hereto as shown on Schedule 1 attached 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within five ("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 (35) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business-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) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the amount of the Allowance (as defined below), unless Tenant agrees to pay for the such additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and Amount; (iiiii) any disapproval 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 by Tenant and Approved Working Drawings 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be collectively referred to herein as as, the "Approved Working “Construction Drawings”. Landlord shall construct the Tenant Improvements in accordance with all applicable law." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 2 contracts

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Promptly following execution of this Lease, Landlord and Tenant shall construct approve a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan shall be prepared by Design Blitz (the "Improvements") pursuant “Final Space Plan”). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to that certain plan attached hereto as Schedule 1 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items (“Specifications”), specifications and materials as determined by Landlord. 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 Within five ("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 (35) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business‑day period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereofherein as the “Tenant Improvements”. The Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings thereto without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided that Landlord may withhold its consent in Landlord’s sole discretion if such change or modification would: (i) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (ii) 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 this Second Amendment, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain Reduced Premises, which space plan is attached hereto as Schedule 1 “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 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, “Landlord’s Work”). Unless specifically noted 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, 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 contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 below, and (ii) any disapproval of revise the Working Drawings by Tenant shall be accompanied by a detailed written explanation of to incorporate such revisions and submit the reasons same for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of ’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, may 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 "Approved Working Drawings“Tenant Improvements." Tenant shall make no changes changes, change orders or modifications to the Final Space Plan or the Approved 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 Reduced Premises; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Lease (Axesstel Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan (the “Final Space Plan”) for the construction of certain improvements in the Premises Premises, as shown on Schedule 1 attached 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 "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within four ("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 (34) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 four (4) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereofherein as the “Tenant Improvements”. The Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 (unless Tenant agrees in writing that any such delay shall constitute a Tenant Delay); (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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 this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain plan “Final Space Plan”), which Final Space Plan is attached hereto as Schedule 1 “1”. Based upon and in conformity with the Final Space Plan, Landlord shall 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of “Approved Working Drawings.” The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereof. The herein as the “Tenant Improvements.” Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Axesstel Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord and Tenant have approved the space plan for the Premises prepared by attached hereto as Schedule 1 to Exhibit B (the “Space Plan”). The Space Plan provides what work the Landlord is responsible for from a cost standpoint (which is shown on the Space Plan as “LANDLORD TURNKEY Tis”) and what work the 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 date Tenant executes 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, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Space Plan (collectively, the “Approved Working Drawings”). Landlord shall construct the improvements in the Premises (the "“Tenant Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 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 receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." . Tenant shall make no changes or modifications to (i) the Space Plan or (ii) once completed, the Approved Working Drawings Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 4.1 of this Tenant Work Letter, of the Premises or increase the cost of designing or constructing the Tenant Improvements. Notwithstanding anything to the contrary herein, the Approved Working Drawings shall 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. Landlord shall construct and Tenant have approved (A) the improvements in space plan for the Premises prepared by Xxxxxx Consulting Architects dated March 11, 2008 and the notes and specifications set forth thereon (the "Improvements") pursuant to that certain plan “Space Plan”), a copy of which is attached hereto as Schedule 1 1, (B) the Wateridge Cost Overview prepared by Landlord dated April 4, 2008 (the "“Cost 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. 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 a manner consistent with the Space Plan", Cost Overview and Cost Estimate (collectively, the “Approved Working Drawings”). Unless specifically noted The Approved Working Drawings 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 contrary on Space Plan or which were not included in the Space Plan, . Notwithstanding that Landlord has retained the Improvements shall be constructed using Project-standard quantities, specifications architect and materials as determined by Landlord. If determined by Landlord engineers to be necessary, based upon prepare the PlansApproved Working Drawings, Landlord shall cause the Architect to prepare detailed plans have no liability whatsoever in connection therewith 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove responsible for any portionomissions or errors contained in the Approved Working Drawings. Landlord shall, component or aspect of at Landlord’s cost, reconfigure the Working Drawings which are consistent Premises in accordance with the Space Plan unless Tenant agrees to pay for and the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Approved Working Drawings, as approved using and relocating and modifying existing lab benches, vent hoods, biosafety cabinets, other fixtures, piping, and electrical distribution devices, to the extent that they are usable and serviceable, and shall construct and repair items that are required to implement the Space Plan and the Approved Working Drawings; all such work performed by Landlord and Tenant, may shall be referred to herein as the "Approved Working Drawings“Tenant Improvements." ” The Tenant shall make no changes or modifications Improvements will also include: (i) separate supply lines for de-ionized water to the Plan or Premises (i.e., the Approved Working Drawings without distribution will not be shared with other tenants), (ii) partitioning off the prior written consent cold room in a way so as to ensure that the portion in the 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 exclusively controlled by Tenant), (iv) separation and dedication of Landlordall 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 Premises from the remaining space in the Building with zone dampeners and the performance of any air balancing work related thereto, (vii) ensure that piping is in place to supply nitrogen and carbon dioxide to the Premises from the exterior tanks, (viii) ensuring that the lab space within the Premises has controlled access from the equipment and autoclave rooms, (ix) adding a security door from the

Appears in 1 contract

Samples: Lease Agreement (Genomatica Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by XxXxxxxxx Architects, dated August 13, 2019 (the "Improvements") pursuant to that certain plan “Final Space Plan”), which Final Space Plan is attached hereto as Schedule 1 1. Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to prepare and deliver to Tenant, for Xxxxxx’s approval, detailed specifications and engineered working drawings for the tenant improvements shown on the Final Space Plan (the "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications as set forth on Schedule 3 and materials as otherwise determined by Landlord. 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 Within three (3) business days after Tenant's Xxxxxx’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are consistent inconsistent with the Final Space Plan unless and only if Tenant agrees delivers to pay for the additional cost resulting from Landlord, within 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 by Tenant 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 within said three (3) business day period 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 Xxxxxx, Landlord shall be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's ’s approval thereofin 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. The Upon Landlord’s and Xxxxxx’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, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 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. Landlord shall construct and Tenant will approve a detailed space plan for the construction of certain improvements in the Premises Expansion Premises, which space plan will be prepared by an architect mutually acceptable to Landlord and Tenant (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Final Space Plan"). Unless specifically noted Based upon and in conformity with the Final Space Plan, Tenant shall cause its architect and engineers to prepare and deliver to Landlord not later than August 31, 1999, for Landlord's approval, detailed specifications and engineered working drawings for the contrary tenant improvements shown on the Plan, Final Space Plan (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 the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building's standard improvement package items, as determined by Landlord (the "Building Specifications"). Within three (3) business days after TenantLandlord's receipt thereofof the Working Drawings, Landlord shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to Landlord may only disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and the Building Specifications and only if Landlord delivers to Tenant, within such three (3) business days period, specific changes proposed by Landlord which are consistent with the Final Space Plan unless and the Building Specifications. If any such revisions are timely and properly proposed by Landlord, Tenant agrees shall cause its architect and engineers to pay revise the Working Drawings to incorporate such revisions and submit the same for Landlord's approval in accordance with the additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 belowforegoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval"Approved Working Drawings". Failure of Tenant to reasonably disapprove any draft of Once the Approved Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as 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) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (ii) be of a quality lower than the quality of the standard EXHIBIT "B" 6 improvement package items for the Building; and/or (iii) require any changes to the base, shell and 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 "Approved Working DrawingsTenant Improvements"." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 1 contract

Samples: Lease (E Loan Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") 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 and made a part hereof (collectively, the "PlanPlans"). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, based 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the "Substantial Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the tenant improvements in the Premises (i.e., only the "New Expansion Premises) (the “Tenant 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 "“Approved Space Plan and Pricing Plan"). Unless specifically noted Immediately following Tenant’s execution of this Amendment, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the contrary Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Plan, work and to obtain all applicable permits. Following the Improvements shall be constructed using Project-standard quantities, specifications full execution and materials as determined by Landlord. 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 delivery of the Working Drawings within three (3) business days after Tenant's receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved this Amendment by Landlord and Tenant, may Landlord shall cause working drawings to be referred to herein as prepared for the "Tenant Improvements, provided that such working drawings shall be consistent with, and a logical extension of, the Approved Space Plan and Pricing Plan (the “Approved Working Drawings." ”). Notwithstanding any contrary provision of this Tenant Work Letter, the Tenant Improvements shall in any event be constructed using Building standard methods, materials and finishes. Tenant shall make no changes or modifications to the (i) Approved Space Plan and Pricing Plan, (ii) the Tenant Improvements, or (iii) once completed, the Approved Working Drawings Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the completion of the Tenant Improvements in the Premises or increase the cost of designing or constructing the Tenant Improvements. 668214.02/WLA 888888-00374/11-2-10/aab EXHIBIT B -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.]

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain Premises, which space plan has been prepared by BPA Architecture Planning Interiors, dated June 22, 2006, attached hereto as Schedule 1 (the "“Final Space Plan"). Unless specifically noted 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 contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of “Approved Working Drawings.” The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereof. The herein as the “Tenant Improvements.” Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Orexigen Therapeutics, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall, at its sole cost and expense, construct the improvements in the Premises pursuant to that certain space plan, a copy of which is attached hereto on Schedule 1 (the “Space Plan”). Promptly following the full execution and delivery of this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply the necessary information, if any, required to allow the Landlord’s architects and engineers to complete any additional architectural and engineering drawings for the 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 work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Space Plan (collectively, the “Approved Working Drawings”). Landlord shall, at its sole cost and expense, construct the improvements in the Premises (the "“Tenant Improvements") pursuant to that certain plan the Approved Working Drawings and in accordance with Building standard methods, materials and finishes described on Schedule 2 attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications unless such specific fixtures are called 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 receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." . Tenant shall make no changes or modifications to the Plan or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter, of the Premises or, unless the incremental cost of such change or modification is paid for 100% by Tenant, increase the cost of designing or constructing the Tenant Improvements.

Appears in 1 contract

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord and Tenant have approved the space plan for the Premises attached hereto as Schedule 1 and the notes and specifications set forth thereon (the “Space Plan”). 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, and Landlord shall construct cause, 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 a manner consistent with the Space Plan (collectively, the “Draft Working Drawings”). Landlord shall cause the Draft Working Drawings to be delivered to Tenant for Tenant’s review and approval. The failure of Tenant to give Landlord written notice of its approval or disapproval of the Draft Working Drawings within five (5) business days following receipt thereof shall be deemed to constitute Tenant’s approval thereof. The Draft Working Drawings, as approved by Tenant, are referred to 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 that certain plan attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 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 receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." . Tenant shall make no changes or modifications to the Plan or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 4.1 below of the Premises or increase the cost of designing or constructing the Improvements. Unless specifically noted to the contrary in this document or on the Space Plan or the Approved Working Drawings, the Improvements shall be constructed using Building-standard specifications and materials, 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. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain plan Floor Plan and Demo Plan prepared by Architectural Technologies dated April 23, 2010 (collectively, the "Plans"), a copy of which is attached hereto as Schedule 1 (the "Plan")1. Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the "Substantial Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

Samples: Office Lease (Alliance Fiber Optic Products Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct construct, at its sole cost (unless otherwise provided herein), the improvements in the Premises (the "“Tenant Improvements") 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 "Plan")patio area shall cover the maximum area allowable by the “water line”. Unless specifically noted to the contrary on the PlanPlans, 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 the Plans, Landlord shall cause the Architect (as defined in Section 4 below) to prepare detailed plans and specifications for the Tenant Improvements ("the “Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three seven (37) business days after Tenant's ’s receipt thereof; provided, however, that (ia) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 below, and (iib) any disapproval of the Working Drawings by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings within said three seven (37) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or the Approved Working Drawings without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, if such change or modification 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) moving costs, (ii) furniture, fixtures and equipment, 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 supported by paid receipts or other reasonable documentation requested by Landlord, and Landlord shall disburse to Tenant the requested amount of the Moving Allowance within thirty (30) days of Landlord’s approval of the same. If Tenant fails to make a request to use the Moving Allowance as set forth herein within twelve (12) months after the Commencement Date, Landlord shall retain the Moving Allowance (or any unused portion thereof) and Tenant shall have no further right thereto.

Appears in 1 contract

Samples: Office Lease (Summit Healthcare REIT, Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 [INSERT DESCRIPTION OF AGREED UPON PLANS AND THEIR DATE] (collectively, the "Plan"“Plans”). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, 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 ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain Premises, which space plan has been prepared by Huntsman Architectural Group, dated March 21, 2013, a copy of which is attached hereto as Schedule 1 2 (the "Final Space Plan"). Unless specifically noted Based upon and in conformity with the Final Space Plan and the additional specification on Schedule 1 to this Tenant Work Letter (the contrary on the Plan, 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 the Plans"Additional Specifications"), Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant's approval, detailed plans specifications and specifications engineered working drawings for the Improvements tenant improvements shown on the Final Space Plan and the Additional Specifications (the "Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan and the Additional Specifications as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within Building. Within three (3) business days after Tenant's receipt thereof; providedof the Working Drawings, howeverTenant shall approve or disapprove the same, that (i) Tenant which approval shall not be entitled unreasonably withheld and only if Tenant delivers to disapprove any portionLandlord, component or aspect of the Working Drawings which are consistent with the Plan unless Tenant agrees to pay for the additional cost resulting from within 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 by Tenant 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 within said three (3) business day period days period, specific changes proposed by Tenant; provided, that Tenant may not propose any change which (i) would be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (ii) require 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 be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's approval thereof. The in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings, as 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, may (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 referred made to herein 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 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 changes, change orders or modifications to the Plan or the Approved Working Drawings thereto ("Changes") without the prior written consent of Landlord not to be unreasonably withheld, conditioned or delayed, but which consent may be withheld in Landlord's sole discretion if such change or modification would: (x) be of a quality lower than the quality of the standard tenant improvement items for the Building; and/or (y) require any changes to the Base, Shell and Core or structural improvements or systems of the Building. 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, (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 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 performance of such Change.

Appears in 1 contract

Samples: Office Lease (Raptor Pharmaceutical Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct As soon as reasonably practicable following mutual execution and delivery of the improvements in the Premises (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"). Unless specifically noted to the contrary on the Plan, 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 the PlansLease, Landlord shall cause the Architect Landlord’s architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"“Construction Documents”) based upon that certain Space Plan attached hereto as Schedule 1 (the “Plan”). Landlord shall then forward the Working Drawings Construction Documents, along with a reasonable description of the proposed Project-standard specifications and materials, to Tenant for Tenant's ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings Construction Documents within three five (35) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant 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 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 Construction Documents by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings Construction Documents within said three five (35) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working DrawingsConstruction Documents, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working DrawingsConstruction 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 or modifications to the Plan or the Approved Working Drawings 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Castle Biosciences Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "“Tenant Improvements") pursuant to that certain plan attached hereto as Schedule 1 Space Plan prepared by , dated and bearing Job No. [NEED TO PROVIDE INFORMATION] (the "“Space Plan"). Unless specifically noted Within two (2) business days following request by Landlord or Landlord’s architect or engineers, Tenant shall supply Landlord and Landlord’s architect and engineers with all of the information necessary to enable Landlord’s architect and engineers to complete the contrary architectural and engineering drawings for the 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 Planwork and to obtain all applicable permits. The architectural and engineering drawings for the Premises and the final architectural working drawings shall be consistent with, and a logical extension of, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by LandlordSpace Plan. If determined by Landlord to be necessary, based upon Upon completion of the Plansfinal architectural working drawings, Landlord shall cause submit the Architect to prepare detailed plans and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings same to Tenant for Tenant's review and approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within have three (3) business days after following Tenant's ’s receipt thereofof the final architectural working drawings to review and approve the same; provided, however, that (i) in no event shall Tenant shall not be entitled have the right to disapprove any portion, component or aspect withhold approval of the Working Drawings which final architectural working drawings so long as the same are consistent with the Plan unless Tenant agrees to pay for the additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 belowwith, and (ii) any disapproval of a logical extension of, the Working Drawings by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's disapprovalSpace Plan. Failure of Tenant to reasonably disapprove any draft notify Landlord of Tenant’s approval or disapproval of the Working Drawings final architectural working drawings within said such three (3) business day period shall be deemed to constitute Tenant's ’s approval thereof. If Tenant timely disapproves the final architectural working drawings, such disapproval shall be accompanied by a written itemization in reasonable detail setting forth the specific portions of the final architectural working drawings that Tenant purports are not consistent with, and a logical extension of, the Space Plan. The Working Drawings, final architectural working drawings as approved (or deemed approved) by Landlord and Tenant, may be 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. In no event shall the Tenant Improvements include any furniture (including, without limitation, workstations), fixtures, equipment, data or telecommunications equipment or cabling, or artwork. Tenant shall make no changes changes, modifications or modifications 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 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 and absolute discretion.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord All work required to be performed by Lessor or Lessor’s contractor pursuant to this Agreement is hereinafter referred to as the “Lessor’s Work.” Lessor shall construct the cause to be constructed improvements in the Premises (the "“Lessee Improvements") pursuant to in accordance with that certain preliminary plan as marked up by Lessee (the “Space Plan”). The Space Plan is attached hereto as Schedule 1 and is incorporated herein by reference. Lessor shall provide a Lessee Improvement allowance up to the amount of Twenty-five Thousand and 0/100 Dollars ($25,000.00) (the "Plan"“Improvement 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”). Unless specifically noted Any Improvement Costs for Lessee Improvements exceeding this Improvement Allowance shall 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 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 set forth herein. The RCI Estimate is based on discussions with Lessee and Lessor and any changes to the scope of work requested by Lessee beyond that previously agreed upon by Lessor and Lessee shall be the sole responsibility of Lessee. Similarly, 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 warranty whatsoever concerning (i) the actual cost to construct the Lessee Improvements, or (ii) the extent to which the actual cost or final configuration of the Lessee Improvements will be affected by the adoption of new federal, state or local laws or the implementation of any regulations or building requirements under new or existing laws, including, without limitation, the Americans With Disabilities Act and any fire and life safety laws or regulations. Notwithstanding anything to the contrary on contained herein, Lessor will notify Lessee immediately upon receipt of notice that the Plan, Improvement Costs will exceed 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 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 receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working DrawingsRCI Estimate." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by XxXxxxxxx Architects, dated March 28, 2021 (the "ImprovementsFinal Space Plan") pursuant to that certain plan ), which Final Space Plan is attached hereto as Schedule 1 (1. Based upon and in conformity with the "Final Space Plan"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant's approval, detailed plans specifications and specifications engineered working drawings for the Improvements tenant improvements shown on the Final Space Plan (the "Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within three 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 five (35) business days after Tenant's receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business day period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant 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 Section 2 below, and (ii) any disapproval of revise the Working Drawings by Tenant shall be accompanied by a detailed written explanation of to incorporate such revisions and submit the reasons same for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as until the same are finally approved by Landlord and Tenant. Upon Landlord's and Tenant's approval of the Working Drawings, may 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." Drawings have been approved by Landlord and Tenant, Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 shall constitute a Tenant Delay); (ii) increase the costs of the design, permitting 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 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: Lease (Kura Oncology, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved detailed space plans for the construction of certain improvements in the Premises Premises, which space plans have been prepared by XxXxxxxxx, dated October 24, 2018 (collectively, the "ImprovementsFinal Space Plan") pursuant to that certain plan ), which Final Space Plan is attached hereto as Schedule 1 (1. Based upon and in conformity with the "Final Space Plan"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant's approval, detailed plans specifications and specifications engineered working drawings for the Improvements tenant improvements shown on the Final Space Plan (the "Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant 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 as otherwise reasonably determined by Landlord, subject to Tenant's ’s reasonable approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within Within three (3) business days after Tenant's receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are consistent inconsistent with the Final Space Plan unless and only if Tenant agrees delivers to pay for the additional cost resulting from Landlord, within 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 by Tenant 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 within said three (3) business day period 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 be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's approval thereof. The in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings, as Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord's and Tenant's approval of the Working Drawings, may 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." Drawings have been approved by Landlord and Tenant, Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 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: Lease (Fluidigm Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the New Premises and the New Building (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 [DESCRIPTION OF AGREED UPON PLANS AND THEIR DATE TO BE INSERTED] (collectively, the "PlanPlans"). Also included in the Improvements, Landlord shall perform HVAC control upgrades, which upgrades shall consist of removing the existing Carrier VVT control system and replacing with Alerton Energy Management controls platform. All HVAC components shall be evaluated and replaced as reasonably determined by Landlord to be appropriate to operate in a manner consistent with a suburban tech/office building. Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials that are standard for the New Building as determined by Landlord. 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or the Approved Working Drawings without the prior written consent of Landlord.

Appears in 1 contract

Samples: Lease (Data I/O Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by Legacy CDS, Dated April 24, 2006 Job. No. ___ [TO BE PROVIDED] (the "Improvements") pursuant “Final Space Plan”). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to that certain plan attached hereto as Schedule 1 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereofherein as the “Tenant Improvements”. The Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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 (St Francis Medical Technologies Inc)

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CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain Premises, which space plan has been prepared by SteelWave CDS, Inc., dated February 16, 2017, a copy of which space plan is attached hereto as Schedule 1 (the "“Final Space Plan"). Unless specifically noted to the contrary It is hereby acknowledged that Items 14 – 16 listed on the PlanFinal Space Plan are alternates, the Improvements and shall be constructed using Project-standard quantitiesat 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 materials 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. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If my such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereofherein as the “Tenant Improvements”. The Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (InterPrivate III Financial Partners Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises LANDLORD SHALL CONSTRUCT THE IMPROVEMENTS IN THE PREMISES (the THE "ImprovementsTENANT IMPROVEMENTS") pursuant to that certain plan attached hereto as Schedule 1 dated March 19, 1997 and revised on March 21, 1997 and prepared by Henex, Xxxx & Xssociates (collectively, the "PlanPLANS"). Unless specifically noted to the contrary on the PlanPlans, the Tenant Improvements shall be constructed using ProjectBuilding-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, based Based upon the Plans, Landlord shall cause the Architect to prepare detailed plans and specifications for the Tenant Improvements ("Working DrawingsWORKING 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working DrawingsAPPROVED WORKING DRAWINGS." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the "Substantial Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Tenant Improvements in the Premises or increase the cost of designing or constructing the Tenant Improvements.

Appears in 1 contract

Samples: Standard Office Lease (On Village Communications Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by JPC Architects, and is dated May 22, 2013 (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "“Final Space Plan"). Unless specifically noted to Based upon and in conformity with the contrary on the Final Space Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed plans 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 Improvements Building’s standard components ("the “Specifications”) to be used in the construction of tenant improvements (collectively, the “Standard Improvement Package”), which Specifications have been received and reviewed by Tenant. Landlord may make changes to the Specifications for the Standard Improvement Package from time to time. Within three (3) Business Days after Tenant’s receipt of the 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 receipt thereofsame, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which 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 that are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes that would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 below, and (ii) any disapproval of revise the Working Drawings by Tenant shall be accompanied by a detailed written explanation of to incorporate such revisions and submit the reasons same for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of ’s approval in accordance with the Working Drawings foregoing provisions within said three (3) business day period Business Days after Landlord’s receipt of such proposed revisions, and the parties shall be deemed to constitute Tenant's approval thereof. The follow the foregoing procedures for approving the Working Drawings, as Drawings until the same are finally approved by Landlord and Tenant; provided, may 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 referred to herein as the "Approved Working Drawings." ”. Tenant shall make no changes changes, change orders or modifications to the Plan or 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; (ii) increase the cost of designing or constructing the Tenant Improvements (as defined below) above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the Specifications set forth in the Standard Improvement Package; and/or (iv) require any changes to the base, shell and core work, the Building’s Structure structural improvements or any of the Building’s Systems. The Final Space Plan 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”. 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. Landlord shall construct the improvements in the Premises (the "Tenant Improvements") pursuant to that certain plan attached hereto space study dated January 22, 1997 prepared by Xxxx Xxxxxxxx and Xxxxxx as Schedule 1 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 "PlanPlans"). Unless specifically noted to the contrary on the PlanPlans, the Tenant Improvements shall be constructed using ProjectBuilding-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, based 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the "Substantial Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Tenant Improvements in the Premises or increase the cost of designing or constructing the Tenant Improvements.

Appears in 1 contract

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

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") 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 "Plan"“Plans”). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, based 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 ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant shall not be entitled entitle to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant shall be accompanied accompanies by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings within said three (3#) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Mitek Systems Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Amendment, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by Legacy Partners CDS, Inc., dated May 30, 2012 (the "ImprovementsFinal Space Plan") pursuant to that certain plan ), which Final Space Plan is attached hereto as Schedule 1 (1. Based upon and in conformity with the "Final Space Plan"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant's approval, detailed plans specifications and specifications engineered working drawings for the Improvements tenant improvements shown on the Final Space Plan (the "Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within 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 thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 below, and (ii) any disapproval of revise the Working Drawings by Tenant shall be accompanied by a detailed written explanation of to incorporate such revisions and submit the reasons same for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as until the same are finally approved by Landlord and Tenant. Upon Landlord's and Tenant's approval of the Working Drawings, may 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." Drawings have been approved by Landlord and Tenant, Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (PDF Solutions Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by _______________, Dated ______ Job. No. _____ (the "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Final Space Plan"). Unless specifically noted to Based upon and in conformity with the contrary on the Final Space Plan, 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 the Plans, Landlord shall cause the Architect its architect and engineers to prepare and deliver to Tenant, for Tenant's approval, detailed plans specifications and specifications engineered working drawings for the Improvements tenant improvements shown on the Final Space Plan (the "Working Drawings"). Landlord shall then forward the The Working Drawings shall incorporate modifications to Tenant for Tenant's approval. Tenant shall approve or reasonably disapprove any draft the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Working Drawings within three Building. To the extent that the finishes and specifications are not completely set forth in the Final Space Plan for any portion of the tenant improvements depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building's standard improvement package items, as determined by Landlord. Within five (35) business days after Tenant's receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such five (5) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant's approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval"Approved Working Drawings". Failure of Tenant to reasonably disapprove any draft of Once the Approved Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as 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) be of a quality lower than the quality of the standard improvement package items for the Building; and/or (ii) require any changes to the base, shell and 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 "Approved Working DrawingsTenant Improvements"." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 1 contract

Samples: Office Lease (Unapix Entertainment Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved that certain Work Letter R2 for the construction of certain improvements in the Premises Premises, which Work Letter R2 has been prepared by JPC Architects, and is dated August 19, 2013 (as used herein, the "Improvements") pursuant to that certain plan “Final Space Plan”), a reduced copy of which is attached hereto as Schedule 1 (to Exhibit D. Based upon and in conformity with the "Final Space Plan"). Unless specifically noted to the contrary on the Plan, 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 the Plans, Landlord shall cause the Architect JPC Architects and engineers to prepare and deliver to Tenant, for Tenant’s approval, detailed plans 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 Improvements Building’s standard components ("the “Specifications”) to be used in the construction of tenant improvements (collectively, the Standard Improvement Package”), which Specifications have been received and reviewed by Tenant. Landlord may make changes to the Specifications for the Standard Improvement Package from time to time. Within five (5) Business Days after Tenant’s receipt of the 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 receipt thereofsame, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such three (3)-five- (5) Business Day period, specific changes proposed by Tenant that are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes that would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 below, and (ii) any disapproval of revise the Working Drawings by Tenant shall be accompanied by a detailed written explanation of to incorporate such revisions and submit the reasons same for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of ’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, may the same shall be referred to herein as the "Approved Working Drawings." ”. Tenant shall make no changes changes, change orders or modifications to the Plan or 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; (ii) increase the cost of designing or constructing the Tenant Improvements (as defined below) above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the Specifications set forth in the Standard Improvement Package; and/or (iv) require any changes to the base, shell and core work, the Building’s Structure structural improvements or any of the Building’s Systems. The Final Space Plan 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 Agreement (Hipcricket, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct 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 "Improvements") pursuant to that “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”), which Landlord Cost Final Space Plan is attached hereto as Schedule 1 Also attached as Schedule 3 is a preliminary budget for the additional costs created by the Tenant Cost Space Plan compared to the Landlord Cost Final Space Plan (the "Plan"“Preliminary 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. Unless specifically noted Landlord and Tenant acknowledge and agree that (a) the change of the Tenant Improvements from those pursuant to the contrary on Landlord Cost Final Space Plan to those pursuant to the PlanTenant Cost Space Plan (the “Change in Improvements”) will increase the total cost for the Tenant Improvements to be incurred by Landlord for design, the Improvements permitting and construction, (b) Tenant shall be constructed using Project-standard quantitiesresponsible for such increase in accordance with the provisions of this Tenant Work Letter, specifications and materials as determined by Landlord. If determined (c) the Preliminary Budget is an estimate only of the costs anticipated to be incurred by Landlord to be necessaryin connection with additional costs of the permitting, based upon design and construction of the PlansChange in Improvements. As such, Landlord shall cause the Architect to prepare detailed plans Tenant acknowledges and specifications for the Improvements ("Working Drawings"). Landlord shall then forward the Working Drawings to Tenant for Tenant's approval. agrees that, notwithstanding such Preliminary Budget, Tenant shall approve or reasonably disapprove any draft be responsible for all out of pocket third party costs related to the Change 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, design and construction of the Working Drawings within three (3) business days after Tenant's receipt thereofChange in Improvements; provided, however, that (i) Landlord and Tenant shall not be entitled agree to disapprove any portion, component or aspect of work in good faith to achieve the Working Drawings which are consistent with the Plan unless Tenant agrees to pay Preliminary Budget costs for the additional cost resulting from such change Change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 belowImprovements, and (ii) any disapproval of the Working Drawings by Tenant which shall be accompanied by a detailed written explanation of the reasons based on open book budgeting for Tenant's disapproval. Failure of Tenant fairness to reasonably disapprove any draft of the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by both Landlord and Tenant; provided further, may be referred to herein however, that so long as Tenant does not request a Tenant Cost Change (as defined below), then Tenant’s responsibility for the "Approved Working Drawings." Tenant cost of the Change in Improvements (including the Landlord Supervision Fee) shall make no changes or modifications to not exceed Four Hundred Fifty Thousand Dollars ($450,000.00) (the Plan or the Approved Working Drawings without the prior written consent of Landlord“Conditional Cost Cap”). As used herein, “

Appears in 1 contract

Samples: Lease (Poseida Therapeutics, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain plan “Final Space Plan”), which Final Space Plan is attached hereto as Schedule 1 “1.” Based upon and in conformity with the Final Space Plan, Landlord shall 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenants approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of “Approved Working Drawings.” The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereof. The herein as the “Tenant Improvements.” Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Auspex Pharmaceuticals, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain plan Space Plan prepared by RBN Design dated March 5, 2012 and attached hereto as Schedule 1 (collectively, the "Plan"“Plans”). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, 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 ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three (3) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the additional cost resulting from such change in the Plans as part of the Over-Allowance Amount pursuant to Section 2 6 below, and (ii) any disapproval of the Working Drawings by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 6C of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

Samples: Office Lease (Celladon Corp)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain plan Space Plan SP-2 prepared by Evolution Design, dated December 10, 2009, as last revised on December 21, 2009, and attached hereto as Schedule 1 (collectively, the "PlanPlans"). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If determined by Landlord to be necessary, 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 receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or the Approved Working Drawings without the prior written consent of Landlord, which consent shall not be unreasonably withheld by Landlord if such change or modification would directly or indirectly delay the "Substantial Completion," as that term is defined in Section 5.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements.

Appears in 1 contract

Samples: Office Lease (Ecotality, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this First Amendment, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (i.e., the "Improvements") pursuant to that certain 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 and pricing plan is attached hereto as Schedule 1 (collectively, the "“Final Space Plan"). Unless specifically noted 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 contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiesimprovement package items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are consistent inconsistent with the Final Space Plan unless and only if Tenant agrees delivers to pay for the additional cost resulting from Landlord, within 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 by Tenant 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 within said three (3) business day period 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 be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's ’s approval thereofin 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. The Upon Landlord’s and Tenant’s approval of the Working Drawings, the same shall be known as the “Approved Working Drawings”. Once the Approved Working Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 Expansion Space; (ii) increase the costs of the design, permitting and construction of the Tenant Improvements above the 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 improvement package items for the Building; and/or (iv) require any changes to the base, shell and core work or structural improvements or systems of the Building. The Final Space Plan, 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 (American River Bankshares)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved those certain preliminary space plans for the construction of certain improvements in the Premises Premises, which space plans have been prepared by 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”). 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 "Improvements") pursuant to that certain plan attached hereto as Schedule 1 (the "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building's standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant's approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of “Approved Working Drawings.” The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereof. The herein as the “Tenant Improvements.” Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Hi/Fn Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant to that certain plan “Final Space Plan”), which Final Space Plan is attached hereto as Schedule 1 “1.” Based upon and in conformity with the Final Space Plan, Landlord shall 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval. Failure of Tenant to reasonably disapprove any draft of “Approved Working Drawings.” The tenant improvements shown on the Approved Working Drawings within said three (3) business day period shall be deemed referred to constitute Tenant's approval thereof. The herein as the “Tenant Improvements.” Once the Approved Working Drawings, as Drawings have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Auspex Pharmaceuticals, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the tenant improvements in the Premises (i.e., only the "Expansion Premises) (the “Tenant 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 1 I (collectively, the "“Approved Space Plan and Pricing Plan"). Unless specifically noted Immediately following Tenant’s execution of this Amendment, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the contrary Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the Plan, work and to obtain all applicable permits. Following the Improvements shall be constructed using Project-standard quantities, specifications full execution and materials as determined by Landlord. 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 delivery of the Working Drawings within three (3) business days after Tenant's receipt thereof; provided, however, that (i) Tenant 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 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 by Tenant 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 within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as approved this Amendment by Landlord and Tenant, may Landlord shall cause working drawings to be referred to herein as prepared for the "Tenant Improvements, provided that such working drawings shall be consistent with, and a logical extension of, the Approved Space Plan and Pricing Plan (the “Approved Working Drawings." ”). Notwithstanding any contrary provision of this Tenant Work Letter, the Tenant Improvements shall in any event be constructed using Building standard methods, materials and finishes. Tenant shall make no changes or modifications to the (i) Approved Space Plan and Pricing Plan, (ii) the Tenant Improvements, or (iii) once completed, the Approved Working Drawings Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would directly or indirectly delay the completion of the Tenant Improvements in the Premises or increase the cost of designing or constructing the Tenant Improvements. 659835.03/WLA 888888-00374/5-24-10/jdk/jdk EXHIBIT B -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.]

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Within ten (10) days following the mutual execution and delivery of this Lease by Landlord and Tenant, Landlord and Tenant shall construct approve of a detailed space plan for the construction of certain improvements in the Premises (the "Improvements") pursuant “Final Space Plan”). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to that certain plan attached hereto as Schedule 1 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, which shall include Tenant’s Supplemental HVAC (the "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval“Approved Working Drawings”. Failure of Tenant to reasonably disapprove any draft of Once the Approved Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as have been approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard tenant improvement 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: Office Lease (Riverbed Technology, Inc.)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Landlord shall construct the improvements in the Premises (the "Improvements") pursuant to that certain space plan attached hereto as Schedule 1 (collectively, the “Plans”) to be prepared by Landlord’s architect (the "Plan"“Architect”). Unless specifically noted to the contrary on the PlanPlans, the Improvements shall be constructed using Project-standard quantities, specifications and materials as determined by Landlord. If reasonably determined by Landlord (comparable to be necessary, based the materials and layout being used in the construction of the improvements for the tenant in Suite 200) (“Project Standard Improvements”). Landlord shall construct the Improvements in compliance with all applicable laws and building codes. 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 ’s approval. Tenant shall approve or reasonably disapprove any draft of the Working Drawings within three five (35) business days after Tenant's ’s receipt thereof; provided, however, that (i) Tenant shall not be entitled to disapprove any portion, component or aspect of the Working Drawings which are consistent with the Plan Plans unless Tenant agrees to pay for the 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 by Tenant shall be accompanied by a detailed written explanation of the reasons for Tenant's ’s disapproval. Failure of Tenant to reasonably disapprove any draft of the Working Drawings within said three five (35) business day period shall be deemed to constitute Tenant's ’s approval thereof. The Working Drawings, as approved by Landlord and Tenant, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes or modifications to the Plan Plans or 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 directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 4.1 of this Tenant Work Letter, of the Improvements in the Premises or increase the cost of designing or constructing the Improvements. As part of the construction of the Improvements, Landlord shall, at Landlord’s cost, install one five-ton HVAC unit (that is consistent with the existing HVAC units at the Project) on the roof of the Project and connect the same to the Premises. Tenant shall have the right to install one or more supplemental HVAC units in the Premises, at Tenant’s cost, provided that (a) Tenant shall not interfere with Landlord’s construction of the Improvements in the Premises; (b) Tenant shall be 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 separate electrical meter at Tenant’s cost and pay directly for the 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 the execution of this Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, which space plan has been prepared by Facility Solutions, and is attached to the Lease as EXHIBIT A (the "ImprovementsFINAL SPACE PLAN") pursuant ). Based upon and in conformity with the Final Space Plan, Landlord shall cause its architect and engineers to that certain plan attached hereto as Schedule 1 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 "PlanWORKING DRAWINGS"). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building's standard quantitiesimprovement package items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only 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 days period, specific changes proposed by Tenant which are consistent with the Final Space Plan unless Tenant agrees to pay for the additional cost resulting from such change and do not constitute changes which would result in the Plans as part any of the Over-Allowance Amount pursuant circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause its architect and engineers to Section 2 belowrevise the Working Drawings to incorporate such revisions and submit the same for Tenant's approval in accordance with the foregoing provisions, and (ii) any disapproval 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 by Tenant Drawings, the same shall be accompanied by a detailed written explanation of known as the reasons for Tenant's disapproval"APPROVED WORKING DRAWINGS". Failure of Tenant to reasonably disapprove any draft of Once the Approved Working Drawings within said three (3) business day period shall be deemed to constitute Tenant's approval thereof. The Working Drawings, as 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; (ii) increase the cost of designing or constructing the Tenant Improvements above the cost of the tenant improvements depicted in the Final Space Plan; (iii) be of a quality lower than the quality of the standard improvement package items for the Building; and/or (iv) require any changes to the base, shell and core work or structural improvements or systems of the Building. The Final Space Plan, 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 "Approved Working DrawingsTENANT IMPROVEMENTS"." Tenant shall make no changes or modifications to the Plan or the Approved Working Drawings without the prior written consent of Landlord

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

CONSTRUCTION DRAWINGS FOR THE PREMISES. Prior to the execution of the Lease, Landlord shall construct and Tenant have approved a detailed space plan for the construction of certain improvements in the Premises Premises, (the "Improvements") pursuant to that certain plan “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 1 “I”. 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 "Plan"“Working Drawings”). Unless specifically noted The Working Drawings shall incorporate modifications to the contrary on Final Space Plan as necessary to comply with the Planfloor 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 Improvements actual specifications and finish work shall be constructed using Project-in accordance with the specifications for the Building’s standard quantitiestenant improvement items, specifications and materials as determined by Landlord. 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 Within three (3) business days after Tenant's ’s receipt thereofof the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that (i) Tenant shall not be entitled to may only disapprove any portion, component or aspect of the Working Drawings which to the extent such Working Drawings are consistent inconsistent with the Final Space Plan unless and only if Tenant agrees delivers to pay for the additional cost resulting from Landlord, within 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 by Tenant 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 within said three (3) business day period 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 be deemed cause its architect and engineers to constitute revise the Working Drawings to incorporate such revisions and submit the same for Tenant's ’s approval thereofin 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. The 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, may be referred to herein as the "Approved Working Drawings." Tenant shall make no changes changes, change orders or modifications to the Plan or the Approved Working Drawings 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 (Turning Point Therapeutics, Inc.)

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