Common use of Construction Drawings Clause in Contracts

Construction Drawings. Promptly following the date hereof, Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costs.

Appears in 2 contracts

Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)

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Construction Drawings. Promptly following the date hereof, Landlord (a) SELECTION OF ARCHITECT/CONSTRUCTION DRAWINGS. Lessee shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings retain an architect/space planner (the “CD’s”"Architect") covering approved by Lessor, which approval shall not be unreasonably withheld, to prepare the Construction Drawings. Lessee shall retain engineering consultants (the "Engineers") approved by Lessor, which approval shall not be unreasonably withheld, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life-safety, and sprinkler work in the Premises in connection with the Lessee Improvements. The plans and drawings to be performed prepared by Landlord in constructing Architect and installing the Tenant Improvement, which Engineers hereunder shall be based on known collectively as the scope of work attached as Exhibit A hereto "Construction Drawings". All Construction Drawings shall be professionally prepared consistent with drawings for comparable construction projects at comparable buildings in the San Mateo/Xxxxxx City area, using one-eighth (the “Scope of Work”1/8th) and the space plan attached as Exhibit B hereto (the “Space Plan”)inch scale CAD drawings. Tenant shall have ten (10) days after receipt Lessor's review of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything Construction Drawings as set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisionsSECTION 3, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant for its sole purpose and shall at all times in its not imply Lessor's review of the CD’ssame, or obligate Lessor to review the same, for quality, design, compliance with Applicable Law or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Lessor or its space planner, architect, engineers and consultants, and of notwithstanding any revisions theretoadvice or assistance which may be rendered to Lessee by Lessor or Lessor's space planner, act reasonably architect, engineers, and consultants, Lessor shall have no liability whatsoever in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord connection therewith and shall not be responsible for submitting any omissions or errors contained in the final CD’s Construction Drawings, and Lessee's waiver and indemnity set forth in the Lease shall specifically apply to the applicable governmental authority for a building permitConstruction Drawings. Furthermore, if required, andLessee and Architect shall verify, in the event that said authority requires field, the dimensions and conditions as shown on the relevant portions of any changes to existing plans for the CD’s as a result of Tenant’s changes to the Scope of Work Premises and/or Building, and the Space Plan, Tenant Lessee and Architect shall be solely responsible for the increased costssame, and Lessor shall have no responsibility in connection therewith.

Appears in 2 contracts

Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)

Construction Drawings. Promptly following If the date hereofpreparation of the Construction Drawings requires the input of engineers (the "Engineers"), as reasonably determined by Landlord, Architect shall retain Engineers that are reasonably acceptable to Landlord to prepare all plans and engineering drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the New Premises. The plans and specifications to be prepared by the Architect and the Engineers hereunder shall reflect only the improvements described on the Space Plan and shall be known collectively as the "Construction Drawings." Tenant and Architect shall verify, in the field, the dimensions of the New Premises and the conditions at the New Premises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion, and the Construction Drawings shall not materially deviate from the Space Plan. Landlord's review of the Construction Drawings is for its sole benefit and Landlord shall have no liability to Tenant or Tenant's contractors arising out of or based on Landlord's review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant or Tenant's Architect, Engineers or contractors by Landlord or Landlord's space planner, architect, engineers and consultants, Landlord shall prepare have no liability whatsoever in connection therewith and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costs.omissions or errors arising therefrom. (c)

Appears in 1 contract

Samples: Iteris, Inc.

Construction Drawings. Promptly following If Landlord or Tenant expressly disapproves the date hereofT.I. Construction Drawings, then Landlord shall prepare and submit to or Tenant, at Landlordas the case may be, shall, as part of its disapproval notice, (i) approve those portions which are acceptable, and (ii) disapprove those portions which are not acceptable, specifying the reasons for such disapproval and describing the changes the disapproving party requests for each item disapproved, provided Tenant may only disapprove the T.I. Construction Drawings if same materially deviates from the Space Plan approved by Tenant pursuant to this Work Letter (as determined by Tenant in its reasonable discretion). Landlord or Tenant’s expense, a set of construction drawings failure to deliver its approval or disapproval notice within such five (the “CD’s”5) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which business day period shall be based on deemed such party’s approval of the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”)T.I. Construction Drawings so submitted. Tenant shall have Within ten (10) business days after receipt following either party’s disapproval of any portion of the CD’s in which T.I. Construction Drawings, Landlord shall have the T.I. Construction Drawings revised to review incorporate the CD’s changes requested by the disapproving party and deliver the revised T.I. Construction Drawings to give to both Landlord written notice of and Tenant. Tenant acknowledges that Landlord is relying on Tenant’s timely submittal of the MEP/Lab Program and Manufacturing/Lab Layout and approval of the CD’s or its requested changes T.I. Construction Drawings in order to allow Landlord to attempt to deliver the CD’sExpansion Space on the Estimated Date of Substantial Completion. Any changes to Accordingly, for each day which passes after the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature date(s)/time EXHIBIT “B” frames required for performance for such delivery of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, MEP/Lab Program and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown Manufacturing/Lab Layout and/or approval of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, the MEP Fully Engineered Drawings and the T.I. Construction Drawings, but prior to Tenant performing such obligations, shall be responsible for the increased costsconstitute a Tenant Delay (as such term is defined hereinbelow).

Appears in 1 contract

Samples: Settlement and Release Agreement (GenMark Diagnostics, Inc.)

Construction Drawings. Promptly following If the date hereofpreparation of the Construction Drawings requires the input of engineers (the “Engineers”), as reasonably determined by Landlord, Architect shall retain Engineers that are reasonably acceptable to Landlord to prepare all plans and engineering drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Expansion Space. The plans and specifications to be prepared by the Architect and the Engineers hereunder shall reflect only the improvements described on the Space Plan and shall be known collectively as the “Construction Drawings.” Tenant and Architect shall verify, in the field, the dimensions of the Expansion Space and the conditions at the Expansion Space, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion, and the Construction Drawings shall not materially deviate from the Space Plan. Landlord’s review of the Construction Drawings are for its sole benefit and Landlord shall have no liability to Tenant or Tenant’s contractors arising out of or based on Landlord’s review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant or Tenant’s Architect, Engineers or contractors by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall prepare have no liability whatsoever in connection therewith and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsomissions or errors arising therefrom.

Appears in 1 contract

Samples: To Lease (Iteris, Inc.)

Construction Drawings. Promptly following the date hereofUpon full execution of this Lease, Landlord shall prepare hire an architect and submit engineer, reasonably acceptable to Tenant, at Tenant to perform the drawings of Landlord’s expense, a set of construction drawings Work (the “CD’s) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall Construction Drawings”). Landlord’s Work will be based on the scope Approved Space Plan and shall be performed in accordance to Landlord’s Tenant Improvement Standards. The Construction Documents are subject to the approval of work attached as Exhibit A hereto (Landlord and Tenant. Tenant hereby authorizes Xxxxx Xxxxxxxx to act on its behalf for approvals and decisions required in the “Scope performance of Landlord’s Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) five business days after from their receipt of the CD’s in which to review approve the CD’s and to give Construction Drawings in writing to Landlord written notice of Tenant’s approval of the CD’s (or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systemsapprove with corrections). If Tenant fails to approve or request changes to the CD’s respond within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoingbusiness days, the CD’s, as modified by said revisions, shall Construction Drawings will be deemed to be final upon the submission of said revisions approved. Upon approval, Landlord will apply for a building permit and bid Landlord’s Work to at least three (3) general contractors with at least one contractor chosen by Landlord and one contractor chosen by Tenant. Tenant shall at all times may provide up to two additional general contractors to bid on the construction of Landlord’s Work, so long as they are, in its review Landlord’s reasonable discretion, qualified to construct Landlord’s Work and Tenant provides Landlord with the contractor’s contact information within three days of Landlord’s request. Upon receipt of the CD’sbids, Landlord will evaluate the bids with Tenant and they will jointly select the low bidder who is qualified to construct Landlord’s Work (the “Contractor”). Landlord will also obtain proposals from vendors (the “Ancillary Vendors”) for performing other ancillary work required to complete Landlord’s Work such as ADT for the fire alarm system and the architect and engineers for the Construction Drawings. Contracts for Landlord’s Work including Contractor, architects, engineers, Ancillary Vendors, etc. will be in Landlord’s name. All of Landlord’s Work including the cost of the Contractor, Construction Drawings, permit, and Ancillary Vendors (“Landlord’s Work Costs”) shall be paid out of any revisions theretothe Allowance, act reasonably Additional Allowance, or by Tenant. Promptly following the selection of the Contractor, Landlord shall deliver to Tenant a statement of the cost to construct and in good faithinstall all of the Landlord’s Work (the "Cost Statement"), showing anticipated distribution of the Allowance and Additional Allowance. Without limiting Within three (3) business days of Tenant’s receipt of the foregoingCost Statement, Tenant agrees to confirm Tenant’s consent shall accept the Cost Statement in writing or request revisions to the CD’s as finalized pursuant to extent such Cost Statement is inconsistent with the bid of the Contractor or this subparagraph (b) in writing within five (5) days following Landlord’s written request thereforAgreement. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result have three (3) business days after receipt of Tenant’s changes comments in which to give to Tenant a revised Cost Statement. This process shall continue until such time that Tenant approves the Scope Cost Statement in accordance with this paragraph. If Tenant does not respond within three (3) business days to any of Landlord’s submissions of Cost Statements, the Cost Statement shall be deemed approved by Tenant. Landlord shall not charge a management fee for overseeing Landlord’s Work. Upon receipt of the building permit for Landlord’s Work, Landlord will sign the construction contract with the Contractor and authorize the construction of Landlord’s Work and on a commercially reasonable schedule. Landlord’s Work Costs shall be paid for by Landlord using the Space PlanAllowance. If Landlord’s Work costs more than the Allowance, Tenant will pay Landlord the difference within thirty (30) days of Landlord’s invoice and/or agree in writing to use the Additional Allowance to pay for the difference. If Landlord’s Work does not utilize all of the Allowance, Tenant may submit an invoice to Landlord for the balance of the Allowance (the “Unused Allowance”). Such invoice shall be responsible accompanied by back up information showing costs paid by Tenant for work such as the increased costsconstruction of [****], data and telecommunications wiring, and other moving expenses. So long as the total of such backup information exceeds the remaining Unused Allowance, Landlord shall pay Tenant the Unused Allowance within thirty (30) days.

Appears in 1 contract

Samples: Lease Agreement (Charles & Colvard LTD)

Construction Drawings. Promptly following the date hereofUpon full execution of this Lease, Landlord shall prepare hire an architect and submit engineer, reasonably acceptable to Tenant, at Tenant to perform the drawings of Landlord’s expense, a set of construction drawings Work (the “CD’s) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall Construction Drawings”). Landlord’s Work will be based on the scope Approved Space Plan and shall be performed in accordance to Landlord’s Tenant Improvement Standards. The Construction Documents are subject to the approval of work attached as Exhibit A hereto (Landlord and Tenant. Tenant hereby authorizes Bxxxx Xxxxxxxx to act on its behalf for approvals and decisions required in the “Scope performance of Landlord’s Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) five business days after from their receipt of the CD’s in which to review approve the CD’s and to give Construction Drawings in writing to Landlord written notice of Tenant’s approval of the CD’s (or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systemsapprove with corrections). If Tenant fails to approve or request changes to the CD’s respond within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoingbusiness days, the CD’s, as modified by said revisions, shall Construction Drawings will be deemed to be final upon the submission of said revisions approved. Upon approval, Landlord will apply for a building permit and bid Landlord’s Work to at least three (3) general contractors with at least one contractor chosen by Landlord and one contractor chosen by Tenant. Tenant shall at all times may provide up to two additional general contractors to bid on the construction of Landlord’s Work, so long as they are, in its review Landlord’s reasonable discretion, qualified to construct Landlord’s Work and Tenant provides Landlord with the contractor’s contact information within three days of Landlord’s request. Upon receipt of the CD’sbids, Landlord will evaluate the bids with Tenant and they will jointly select the low bidder who is qualified to construct Landlord’s Work (the “Contractor”). Landlord will also obtain proposals from vendors (the “Ancillary Vendors”) for performing other ancillary work required to complete Landlord’s Work such as ADT for the fire alarm system and the architect and [****] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been separately filed with the Commission. engineers for the Construction Drawings. Contracts for Landlord’s Work including Contractor, architects, engineers, Ancillary Vendors, etc. will be in Landlord’s name. All of Landlord’s Work including the cost of the Contractor, Construction Drawings, permit, and Ancillary Vendors (“Landlord’s Work Costs”) shall be paid out of any revisions theretothe Allowance, act reasonably Additional Allowance, or by Tenant. Promptly following the selection of the Contractor, Landlord shall deliver to Tenant a statement of the cost to construct and in good faithinstall all of the Landlord’s Work (the "Cost Statement"), showing anticipated distribution of the Allowance and Additional Allowance. Without limiting Within three (3) business days of Tenant’s receipt of the foregoingCost Statement, Tenant agrees to confirm Tenant’s consent shall accept the Cost Statement in writing or request revisions to the CD’s as finalized pursuant to extent such Cost Statement is inconsistent with the bid of the Contractor or this subparagraph (b) in writing within five (5) days following Landlord’s written request thereforAgreement. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result have three (3) business days after receipt of Tenant’s changes comments in which to give to Tenant a revised Cost Statement. This process shall continue until such time that Tenant approves the Scope Cost Statement in accordance with this paragraph. If Tenant does not respond within three (3) business days to any of Landlord’s submissions of Cost Statements, the Cost Statement shall be deemed approved by Tenant. Landlord shall not charge a management fee for overseeing Landlord’s Work. Upon receipt of the building permit for Landlord’s Work, Landlord will sign the construction contract with the Contractor and authorize the construction of Landlord’s Work and on a commercially reasonable schedule. Landlord’s Work Costs shall be paid for by Landlord using the Space PlanAllowance. If Landlord’s Work costs more than the Allowance, Tenant will pay Landlord the difference within thirty (30) days of Landlord’s invoice and/or agree in writing to use the Additional Allowance to pay for the difference. If Landlord’s Work does not utilize all of the Allowance, Tenant may submit an invoice to Landlord for the balance of the Allowance (the “Unused Allowance”). Such invoice shall be responsible accompanied by back up information showing costs paid by Tenant for work such as the increased costsconstruction of [****], data and telecommunications wiring, and other moving expenses. So long as the total of such backup information exceeds the remaining Unused Allowance, Landlord shall pay Tenant the Unused Allowance within thirty (30) days.

Appears in 1 contract

Samples: Lease Agreement (Charles & Colvard LTD)

Construction Drawings. Promptly following Landlord acknowledges that Tenant has retained Chicago Design Network, as its architect/space planner in connection with the date hereofOffice TI Work and the Lab Work (collectively, Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Tenant-Designed Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Landlord also acknowledges that it has conceptually approved the preliminary plans for the Office TI Work identified on Schedule 2 attached hereto, it being understood that such conceptual approval shall not limit Tenant’s obligations under this Work Letter. As soon as reasonably practicable, Tenant shall have ten (10) days after receipt submit its proposed construction plans for all of the CD’s in which to review the CD’s and to give Tenant-Designed Work to Landlord written notice for review and approval, which approval shall not be unreasonably withheld. All such plans and construction drawings, including any reasonable revisions required by Landlord and/or revisions required by applicable governmental authorities shall be at no cost to Landlord. The construction plans and drawings to be prepared for the Tenant-Designed Work shall be referred to collectively as the “Construction Drawings.” Tenant’s Contractor shall verify, in the field, the dimensions and conditions as shown on the relevant portions of Tenantthe existing Building plans; Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Drawings shall be for its sole purpose and shall not imply Landlord’s approval of the CD’s same for quality, design, compliance with applicable Laws or its requested changes to the CD’sother like matters. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’sAccordingly, Landlord shall provide Tenant with a breakdown of have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the cost of said changesConstruction Drawings, including and without limiting the costscope thereof, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes Tenant’s waiver and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything indemnity set forth in this Amendment the Lease shall specifically apply to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsConstruction Drawings.

Appears in 1 contract

Samples: Lease Agreement (Verigy Ltd.)

Construction Drawings. Promptly following the date hereof, After Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible cause the Architect and the Engineers to complete the architectural, engineering and final architectural working drawings for the increased costsTenant Improvements in a form that is sufficient to enable subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Construction Drawings”), and shall deliver four (4) copies of the Construction Drawings, signed by Tenant, to Landlord for its approval, which approval shall not be unreasonably withheld provided the Construction Drawing are materially consistent with the approved Space Plans and otherwise comply with the terms of Section 2.1 hereof. Notwithstanding the foregoing, at Tenant’s option, the Construction Drawings may be prepared in two phases (first the architectural drawings, then engineering drawings consistent with the previously provided architectural drawings), provided that each phase shall be subject to Landlord’s approval. Landlord shall provide Tenant with written notice approving or reasonably disapproving the Construction Drawings (or the applicable component thereof) within 15 business days after the later of Landlord’s receipt thereof or the mutual execution and delivery of the Agreement. If Landlord disapproves the Construction Drawings (or any component thereof), Landlord’s notice of disapproval shall describe with reasonable specificity the basis for such disapproval and the changes that would be necessary to resolve Landlord’s objections. If Landlord disapproves the Construction Drawings (or any component thereof), Tenant shall cause the Construction Drawings to be modified and resubmitted to Landlord for its approval. Such procedure shall be repeated as necessary until Landlord has approved the Construction Drawings (or the applicable component thereof). Tenant shall not commence construction of the Tenant Improvements until after the Construction Drawings are approved by Landlord. No revision may be made to the approved Construction Drawings (the “Approved Construction Drawings”) without Landlord’s prior written consent, which shall not be unreasonably withheld.

Appears in 1 contract

Samples: First Amendment (Netsuite Inc)

Construction Drawings. Promptly following Tenant, at its expense (but subject to Landlord's Contribution set forth in Section 6(b) below), shall develop and submit to Landlord construction drawings based on Tenant's Space Plans, detailing the date hereofarchitectural, mechanical and electrical plans and specifications for the Premises (the "Construction Drawings"). (Tenant shall furnish a minimum of two (2) such copies for approval.) Within fourteen (14) days after Tenant submits the Construction Drawings, Landlord shall prepare notify Tenant if the Construction Drawings fail to meet with Landlord's approval. Within fourteen (14) days after Tenant receives any such notice, Tenant shall revise the Construction Drawings to the extent necessary to obtain Landlord's approval and submit to Tenant, at shall resubmit them for Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed 's approval. After approval by Landlord in constructing and installing the Tenant ImprovementLandlord, which shall be based on the scope of work attached as Exhibit A hereto given within fourteen (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (1014) days after receipt re-submittal by Tenant, the Construction Drawings shall be marked "Approved," dated, signed by Landlord and Tenant, marked Exhibit C2 and attached to and made a part of this Lease. Said approved Construction Drawings (the CD’s in which "Final Construction Drawings") shall be used by Landlord, as determined hereunder, to review construct the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes improvement to the CD’sPremises. Neither Landlord nor Tenant is under any obligation to make any alterations, decorations, additions or improvements in or to the Premises except as set forth in the Final Construction Drawings. Any changes to the CD’s material delay in Landlord's completion of Tenant Improvements caused by modifications requested by Tenant shall not materially alter constitute a tenant delay for purposes of determining the exterior appearance or basic nature date of Substantial Completion of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsPremises.

Appears in 1 contract

Samples: Lease Agreement (Identix Inc)

Construction Drawings. Promptly following the date hereof, Landlord Tenant shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings retain engineering consultants (the “CD’sEngineers”) covering that are reasonably acceptable to Landlord to prepare all plans and engineering drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Premises (exclusive of the Landlord’s Work). The plans and specifications to be performed prepared by Landlord in constructing Architect and installing the Tenant Improvement, which Engineers hereunder shall be based on the scope of work attached known collectively as Exhibit A hereto (the “Scope Construction Drawings.” Tenant and Architect shall verify, in the field, the dimensions of Work”) the Premises and the space plan attached as Exhibit B hereto (conditions at the “Space Plan”). Premises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have ten (10) days after receipt of no responsibility in connection therewith. Landlord shall have the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails right to approve the Construction Drawings in Landlord’s reasonable discretion; provided that Landlord shall either approve or request changes reasonably disapprove and provide the reasons for disapproval in writing to the CD’s Tenant within ten (10) business days after of receiving the Construction Drawings for Landlord’s approval, and Landlord’s failure to timely deliver such written response to Tenant with either Landlord’s approval or its receipt thereof, Tenant reasons for disapproval shall be deemed to mean that Landlord approves the Construction Drawings without modification. Landlord’s review of the Construction Drawings are for its sole benefit and Landlord shall have approved the CDsno liability to Tenant or Tenant’s Agents arising out of or based on Landlord’s review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and the same shall thereupon notwithstanding any advice or assistance which may be final. If rendered to Tenant requests any changes to the CD’sor Tenant’s Agents by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant have no liability whatsoever in connection therewith and shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsomissions or errors arising therefrom.

Appears in 1 contract

Samples: Work Letter Agreement (Mitek Systems Inc)

Construction Drawings. Promptly following Tenant shall retain engineering consultants (the date hereof“Engineers”) that are reasonably acceptable to Landlord to prepare all plans and engineering drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Premises. The plans and specifications to be prepared by Architect and the Engineers hereunder shall reflect only the improvements described on the final Space Plan and shall be known collectively as the “Construction Drawings.” Tenant and Architect shall verify, in the field, the dimensions of the Premises and the conditions at the Premises, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord shall have the right to approve the Construction Drawings in Landlord’s reasonable discretion, and the Construction Drawings shall not materially deviate from the Space Plan. Landlord’s review of the Construction Drawings are for its sole benefit and Landlord shall have no liability to Tenant or Tenant’s Agents arising out of or based on Landlord’s review. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant or Tenant’s Agents by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall prepare have no liability whatsoever in connection therewith and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsomissions or errors arising therefrom.

Appears in 1 contract

Samples: Work Letter Agreement (Universal Electronics Inc)

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Construction Drawings. Promptly following the date hereof, (a) Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner approved in writing by Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’sArchitect”) covering all work to be performed prepare the “Construction Drawings,” as that term is defined in this Section 2. Tenant shall retain engineering consultants approved in writing by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of WorkEngineers”) to prepare all plans and engineering working drawings relating to any structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Shell Space. The plans and drawings to be prepared by Architect and the space plan attached Engineers hereunder shall be known collectively as Exhibit B hereto (the “Space Plan”)Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications determined by Landlord, and shall be subject to Landlord’s approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have ten (10) days after receipt no responsibility in connection therewith. Landlord’s review of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything Construction Drawings as set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisionsSection 1, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant for its sole purpose and shall at all times in its not imply Landlord’s review of the CD’ssame, or obligate Landlord to review the same, for quality, design, code compliance or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and of notwithstanding any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, advice or assistance which may be rendered to Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following by Landlord or Landlord’s written request therefor. space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for submitting any omissions or errors contained in the final CDConstruction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsConstruction Drawings.

Appears in 1 contract

Samples: Commercial Lease (Hei Inc)

Construction Drawings. Promptly following the date hereof, Tenant will provide Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of with construction drawings for Tenant’s Work (the CD’sConstruction Drawings”) covering all work to be performed prepared by Fox Architects. Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to will approve or request changes to disapprove the CD’s Construction Drawings in writing within ten (10) days after receipt. Landlord will not withhold its receipt thereofapproval except for reasonable cause and will not act in an arbitrary or capricious manner in connection with approving the Construction Drawings. Landlord’s disapproval of the Construction Drawings shall not be considered unreasonable if any of the work contemplated is likely to adversely affect Building systems, the structure of the Building, or the safety of the Building and/or its occupants; might impair Landlord’s ability to furnish services to Tenant shall be deemed to have approved or other tenants in the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of Building; would increase the cost of said changesoperating the Building; would violate any laws; contains or uses hazardous materials; would adversely affect the exterior appearance of the Building; might adversely affect another tenant’s premises; or is likely to be substantially delayed because of unavailability of materials or labor. If Landlord disapproves the Construction Drawings, including the cost, if any, to Tenant will revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes Construction Drawings and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s same to TenantLandlord. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs This process shall be deemed a Change Order repeated until the Construction Drawings are approved by Landlord (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below“Final Plans”). Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for obtaining a building permit for Tenant’s Work consistent with the increased costsFinal Plans. Tenant represents and warrants that the Final Plans and the Tenant’s Work contemplated thereby shall be in compliance with applicable building and zoning laws, ordinances, regulations and any covenants, conditions or restrictions affecting the Building, and that the same will be in accordance with good engineering and architectural practice. Any approval by Landlord of any of the Construction Drawings shall not in any way constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, or Tenant’s Work, for any reason, purpose or condition, but such approval shall merely be the consent of Landlord, as may be required hereunder, in connection with performance of Tenant’s Work in accordance with the Final Plans.

Appears in 1 contract

Samples: Work Letter Agreement (Gtsi Corp)

Construction Drawings. Promptly following If the date hereofpreparation of the Construction Drawings requires the nput of engineers (the "Engineers"), as reasonably determined by Landlord, Architect shall retain Engineers hat are reasonably acceptable to Landlord to prepare all plans and engineering drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Expansion Space. The plans and specifications to be prepared by the Architect and the Engineers hereunder shall reflect only he improvements described on the Space Plan and shall be known collectively as the "Construction Drawings." Tenant and Architect shall verify, in the field, the dimensions of the Expansion Space and the conditions at the Expansion Space, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord shall have the right to approve the Construction Drawings in Landlord's reasonable discretion, and the Construction Drawings shall not materially deviate from the Space Plan. Landlord's review of the Construction Drawings are for its sole benefit and Landlord shall have no liabiity to Tenant or Tenant's contractors arising out of or based on Landlord's review. Accordingly, notwithstandi ng that any ConstructionDrawings are reviewed by Landlord or ts space planner, architect,engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant or Tenant's Architect, Engineers or contractors by Landlord or Landlord's space planner, architect, engineers and consultants, Landlord shall prepare have no liability whatsoever i n connection herewith and submit to Tenant, at Landlord’s expense, a set of construction drawings shall not be responsible for any omissions or errors arising therefrom. (c) Permits and Changes. The Construction Drawings approved by Landlord (the “CD’s”"Final Construction Drawings") covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on submitted by Tenant to the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”)appropriate governmental agencies in order to obtain all applicable building permits. Tenant shall have ten (10) days after receipt Prior to commencing construction of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereofImprovements, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, provide Landlord shall provide Tenant with a breakdown copies of the cost of said changes, including the cost, if any, to revise the CD’spermits. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, hereby agrees that neither Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following nor Landlord’s written request therefor. Landlord 's consultants shall be responsible for submitting obtaining any building permits or a certificate of occupancy for the final CD’s Expansion Space and that obtaining the same shall be Tenant's sole responsibility; provided, however,that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to the applicable governmental authority for a building permitenable Tenant to obtain any such permits or certificate of occupancy. No changes, if required, and, modifications or alterations in the event Final Construction Drawings may be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. (d) Compliance with Laws.Tenant shall be solely responsible for constructing the Improvements in compliance with all laws. Tenant acknowledges and agrees that said authority requires any changes it may be obligated to modify, alter or upgrade the CD’s Expansion Space and the systems thereinin order to complete the construction of the Improvements,and Landlord shall have no liability or responsibility for modifying,altering or upgrading the Expansion Space or its existi ng systems. If,as a result of Tenant’s changes Improvements constructed in accordance with this Third Amendment, Landlord is obligated to comply with the Scope Americans With Disabilities Act and such compliance requires Landlord to make any improvements or alterations to any portion of Work the Development in the common areas of the Development outside the Expansion Space and Existing Premises (an "Exterior Alteration"), Landlord shall pay the cost of making the Exterior Alteration at Landlord's sole cost and expense and the Space Plan, Tenant cost of the Exterior Alteration shall not be responsible for paid from the increased costsImprovement Allowance.

Appears in 1 contract

Samples: Iteris, Inc.

Construction Drawings. Promptly following the date hereof, Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costsdrafting, permitting and completion of all plans and drawings associated with the construction of the Tenant Improvements. The plans and drawings to be prepared by the Architect and Engineers, including without limitation the architectural, mechanical, plumbing and electrical drawings shall be collectively known as the “Construction Drawings”. All Construction Drawings shall be subject to Landlord’s approval provided, however, that Landlord may withhold its approval in its sole discretion (including but not limited to Landlord’s determination that that the proposed improvements: (i) do not comply with Landlord’s Building standards for materials, design parameters for MEP systems and compatibility with the fire life safety systems, (ii) adversely affect the structural elements of the Building, (iii) do not match well with Common Area finishes, or (iv) tax the Building’s systems beyond the specifications allowed by Landlord. If Landlord so objects, then Tenant shall submit revised Design Intent Drawings to Landlord as soon as reasonably possible after objection and Landlord shall approve or disapprove in accordance with the same procedures. Tenant shall obtain all necessary permits and licenses required in connection with Tenant’s Work, and shall cause all Tenant’s Work to be completed in accordance with applicable laws. Tenant shall pay all cost of Tenant’s Work (subject to reimbursement in accordance with Section 1.1 hereof) and shall otherwise comply with those provisions of the Lease pertaining to mechanics’ liens. The reviews and revisions of the Construction Drawings shall be performed in good faith by both parties. Landlord’s review of the Construction Drawings shall be for its sole purpose and shall not imply Landlord’s review of the same for quality, design, code compliance or other like matters and Landlord shall have no liability in connection therewith nor shall Landlord be responsible for omissions or errors contained within such drawings or documents. Upon completion of the Construction Drawings, application should be made to the appropriate building department for a building permit by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Switch, Inc.)

Construction Drawings. Promptly following The plans and drawings for the date hereof, Landlord shall prepare and submit to Tenant, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which Improvements shall be based on known collectively herein as the scope of work attached as Exhibit A hereto ("Construction Drawings." If Landlord fails to respond to a request for approval to any Construction Drawings within the “Scope of Work”) applicable time periods set forth below, Tenant may deliver a EXHIBIT B-1- [Reddit, Inc.] 000 XXXXXX XXXXXX Xxxxx Xxxxx written "reminder notice", informing Landlord that it has failed to respond, and the space plan attached as Exhibit B hereto (the “Space Plan”). Tenant shall have ten (10) days after receipt of the CD’s warning that a continued failure may result in which to review the CD’s and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systemsa "deemed approval". If Tenant Landlord fails to approve or request changes respond to the CD’s such "reminder notice" within ten five (105) days after its receipt thereofbusiness days, Tenant then Landlord shall be deemed to have approved the CDssubmitted applicable Construction Drawings. All Construction Drawings shall be prepared by Tenant pursuant to the terms of this Work Letter, comply with the drawing format and specifications reasonably determined by Landlord, and be subject to Landlord's approval, such approval not to be unreasonably withheld, conditioned or delayed, except if the Construction Drawings are incomplete in any material respect or a Design Problem exists (collectively, "Landlord's Consent Standard"). Tenant and Architect (as defined in Section 3.7 below) shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Base Building plans that can be verified by visual inspection without penetrating walls, columns, core areas, or floor and ceiling slabs, and to such extent, Tenant and Architect shall be solely responsible for the same shall thereupon be final. If Tenant requests any changes (subject to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything Landlord's approval rights set forth in this Amendment Section 3). Notwithstanding that any Construction Drawings are reviewed or approved by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith, except to the contrary, such approved changes and costs shall be deemed extent that Landlord has specifically required a Change Order (particular modification to the Construction Drawings as defined below) and Tenant shall pay a condition to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions Landlord's approval of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’ssame, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall not be responsible for submitting any omissions or errors contained in the final CD’s Construction Drawings. Tenant acknowledges and agrees that any Construction Drawings submitted by Tenant or its agents to Landlord for approval pursuant to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result terms of this Work Letter shall constitute Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costs's approval thereof.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

Construction Drawings. Promptly following the date hereof, Landlord shall prepare and submit to TenantLandlord, at Landlord’s its sole cost and expense, a set of construction drawings shall construct the improvements in the Premises (the “CD’sTenant Improvements”) covering all work pursuant to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the that certain space plan prepared by Xxxxxxx and Wall dated July 19, 2010 attached as Exhibit B hereto and incorporated herein by reference (the “Space Plan”). Tenant may request modifications to the Space Plan after the date of this Amendment. Any such modifications shall have ten (10) days after receipt be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed, provided Landlord shall not be required to approve any modifications to the Space Plan that would materially and unreasonably delay Substantial Completion of the CD’s in which to review the CD’s Tenant Improvements and to give to Landlord written notice of Tenant’s approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) days after its receipt thereof, Tenant shall be deemed to have approved the CDs, and the same shall thereupon be final. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrary, such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the CD’s, and of any revisions thereto, act reasonably and in good faith. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event provided further that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for any material increased costs resulting from any such Tenant-requested modifications. All changes or modifications approved in accordance with this Section shall be incorporated into the increased Space Plan and made. Landlord shall retain an architect (the “Architect”) and engineering consultants (the “Engineers”) to prepare plans and engineering working drawings for the Tenant Improvements in accordance with the Space Plan and in accordance with applicable law and regulation, which plans and drawings shall be subject to Landlord’s and Tenant’s express written approval, which written approval shall not be unreasonably conditioned or delayed (the “Approved Working Drawings”). Tenant shall be permitted to select all floor and wall coverings in its sole discretion, provided that if the cost of Tenant’s wall or floor coverings exceed the cost of building-standard wall or floor coverings, then Tenant shall be responsible for such excess costs. Any other finish specifications that are not set forth on the Approved Working Drawings shall conform to building standards or shall be subject to Landlord’s prior written approval which shall not be unreasonably withheld. Tenant shall make no changes or modifications to the Approved Working Drawings without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such change or modification would delay Substantial Completion of the Premises or increase the cost of designing or constructing the Tenant Improvements, provided that if such change is a governmental, safety or regulatory requirement that change shall be made at Landlord’s cost and expense. For purposes of clarity, the Parties agree that Landlord may request modifications to the Space Plan subject to Tenant’s approval, which shall not be unreasonably withheld, conditioned or delayed, which changses will be subject to the terms and conditions of this Work Letter.

Appears in 1 contract

Samples: Lease (Supergen Inc)

Construction Drawings. Promptly following After the date hereofEffective Date of this First Amendment, Tenant shall, at Tenant’s expense (subject to allocation of the TI Allowance), prepare construction drawings depicting the proposed Tenant Improvement Work (“Construction Drawings”) for Landlord’s prior written approval; which approval shall not be unreasonably withheld or conditioned by Landlord (except to the extent Tenant proposes any structural alterations for which such approvals shall be in Landlord’s sole discretion), and shall be granted or withheld (with reasonable rationale) by Landlord within fourteen (14) business days of Xxxxxx’s request. Subject to the foregoing, Landlord and Tenant agree that Tenant shall be permitted to install interior staircases (which may be staggered or meandering), one or more kitchens in the Premises, certain Alterations to the Office Unit and the parking facility to construct a private entrance to the 5th floor of the Office Unit with direct access to the top level of the parking facility (and notwithstanding anything to the contrary in this Lease, Landlord shall prepare and submit to Tenantnot unreasonably withhold or condition its approval of structural alterations related thereto, at Landlord’s expense, a set of construction drawings (the “CD’s”) covering all work to be performed by Landlord in constructing and installing the Tenant Improvement, which shall be based on the scope of work attached as Exhibit A hereto (the “Scope of Work”) and the space plan attached as Exhibit B hereto (the “Space Plan”if such structural alterations are reasonably necessary). In the event that Xxxxxxxx fails to timely approve or disapprove of the Construction Drawings, Tenant shall have ten (10) days after receipt deliver a second written notice to Landlord for approval. After delivery of the CD’s in which to review the CD’s and to give to second written notice, Landlord written notice of Tenant’s shall grant or withhold approval of the CD’s or its requested changes to the CD’s. Any changes to the CD’s requested by Tenant shall not materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the CD’s within ten (10) business days after its receipt thereofthereafter, Tenant failing which the proposed Construction Drawings shall be deemed to have approved the CDs, and the same shall thereupon be finalby Landlord. If Tenant requests any changes to the CD’s, Landlord shall provide Tenant with a breakdown of the cost of said changes, including the cost, if any, to revise the CD’s. Tenant shall have ten Upon Landlord’s approval hereunder (10) days to approve or disapprove the changes and associated costs. If Tenant approves the changes and associated costs, Landlord shall make said changes and shall, within ten (10) days of its receipt of such request, submit the revised portion of the CD’s to Tenant. Within five (5) days of receipt Tenant shall either approve the CD’s and the revised portion thereof or advise of any final comments to the revised portions. Notwithstanding anything set forth in this Amendment to the contrarydeemed approval), such approved changes and costs shall be deemed a Change Order (as defined below) and Tenant shall pay to Landlord the cost of such approved changes in accordance with (d) below. Tenant may not thereafter disapprove the revised portions of the CD’s unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the CD’s, as modified by said revisions, proposed Construction Drawings shall be deemed to be final upon the submission of said revisions to Tenant“Final Construction Drawings”. Tenant shall at all times in its review hereby acknowledges that, notwithstanding Landlord’s approval of the CD’sproposed Tenant Improvement Work, Landlord has made no representation or warranty to Tenant with respect to whether the same is acceptable for any governmental approvals and permits or with respect to the design and engineering of any revisions thereto, act reasonably and in good faithsuch work. Without limiting the foregoing, Tenant agrees to confirm Tenant’s consent to the CD’s as finalized pursuant to this subparagraph (b) in writing within five (5) days following Landlord’s written request therefor. Landlord shall be responsible for submitting the final CD’s to the applicable governmental authority for a building permit, if required, and, in the event that said authority requires any changes to the CD’s as a result of Tenant’s changes to the Scope of Work and the Space Plan, Tenant shall be responsible for the increased costs.6.5

Appears in 1 contract

Samples: Duolingo, Inc.

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