Design. A. The plans, specifications and drawings for the Tenant Work (the "Tenant Plans") shall be prepared by Tenant's architect and engineers, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications for the Buildings and with all applicable laws, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements. B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor (as defined in Paragraph 2 below) for pricing of Tenant Work on such Subsequent Space. Landlord shall not unreasonably withhold, condition or delay its approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans. C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirements.
Appears in 2 contracts
Samples: Lease Agreement (American Management Systems Inc), Lease Agreement (American Management Systems Inc)
Design. A. The plansPECO ENERGY shall perform an interconnection study, specifications from which PECO ENERGY will determine the INTERCONNECTION POINT, and drawings SELLER will reimburse PECO ENERGY for the Tenant Work costs PECO ENERGY incurs in performing that study. PECO ENERGY will complete the interconnection study within sixty (60) days after receiving from SELLER a $5,000 advance payment for the "Tenant Plans"costs of the study. After PECO ENERGY completes the interconnection study and determines the INTERCONNECTION POINT, SELLER shall submit to PECO ENERGY, along with (a) shall be prepared by Tenant's architect the DESIGN RELEASE and engineers(b) the initial payment specified in Section 9.2, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications for the Buildings design of the SELLER INTERCONNECTION EQUIPMENT. Within sixty (60) days after the submission of such plans and with all applicable lawsspecifications, ordinancesPECO ENERGY shall notify SELLER (a) that the proposed design of the SELLER INTERCONNECTION EQUIPMENT is acceptable, rules, regulations and other requirements (b) that the proposed design of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor SELLER INTERCONNECTION EQUIPMENT is unacceptable or (as defined in Paragraph 2 belowc) for pricing of Tenant Work on such Subsequent Spacethat additional information is needed. Landlord PECO ENERGY shall not unreasonably withhold, condition or delay its approval withhold acceptance of a proposed design. PECO' ENERGY's failure to provide such notification to SELLER within sixty (60) days of the Tenant Plans submission of such plans and specifications shall be deemed an acceptance by PECO ENERGY. If PECO ENERGY notifies SELLER that additional information is needed or any revisions thereto that the proposed design of the SELLER INTERCONNECTION EQUIPMENT is unacceptable, SELLER may submit to PECO ENERGY revised plans and specifications. Within thirty (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans"30) and within five (5) business days of receipt the submission of such revised plans and specifications, PECO ENERGY shall notify SELLER whether additional information is needed, or whether the proposed design is accepted or rejected. If additional information is requested, or the revised design is rejected, SELLER may submit further revised plans and specifications which PECO ENERGY shall review within a reasonable time period. Thereafter, SELLER may submit revised plans and specifications to PECO ENERGY as many times as is necessary to obtain PECO ENERGY's acceptance of a proposed design. PECO ENERGY's acceptance of SELLER's proposed design of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval SELLER INTERCONNECTION EQUIPMENT shall not be unreasonably withheldconstrued as a warranty or representation to SELLER, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirementsother person or entity, of the adequacy, suitability, safety or reliability of the design, construction, installation or operation of the SELLER INTERCONNECTION EQUIPMENT. PECO ENERGY shall periodically render a statement of charges to SELLER for the costs PECO ENERGY incurs pursuant to this Section 8.3, and XXXXX shall reimburse PECO ENERGY for all the costs that PECO ENERGY incurs pursuant to this Section 8.3.
Appears in 1 contract
Samples: Agreement for Purchase of Electric Output (NRG Generating U S Inc)
Design. A. The plans(a) On or before June 1, specifications 2007, Owner will provide Seller with drawings illustrating the Site layout and drawings placement of crane pads. Within ten (10) Business Days of Seller’s receipt of the Site layout drawings, Seller shall provide to Owner, in writing, any comments it may have on such drawings, including any suggested modifications or adjustments. Seller’s failure to provide suggested modifications or comments pursuant to this section shall preclude Seller from raising the consequences of the Site layout as a defense to any claim under the Warranty.
(b) On or before May 1, 2007, (a) Seller shall provide Owner with loading data on the WTGs and technical information necessary for the Tenant Work (design of the "Tenant Plans") foundations on which the WTGs shall be prepared by Tenant's architect and engineers, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereofinstalled (“Foundation Design”), and comply (b) Owner shall provide Seller with the plans and specifications copies of geotechnical borings or other soil data reports obtained by Owner for the Buildings and with all applicable laws, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for Site. Owner shall provide to Seller the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor Foundation Design within ten (as defined in Paragraph 2 below10) for pricing of Tenant Work on such Subsequent Space. Landlord shall not unreasonably withhold, condition or delay its approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days Days of receipt of same by Owner. Within ten (10) Business Days following Seller’s receipt from Owner of the Tenant PlansFoundation Design, Landlord will notify Tenant including the dimension data, Seller shall review, approve or take other appropriate action regarding the conformity of the Foundation Designs with the loading data in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapprovedWind Turbine Specifications, and if disapprovedshall notify Owner of Seller’s conclusions, Landlord's Plan Notice repeating the process with respect to any revised Foundation Designs Owner may provide to Seller for its review. Seller shall explain in reasonable detail not be required to employ any soil specialists, engineers or other professionals to review the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions design of the Tenant Plans which correct foundation for compliance to Applicable Laws.
(c) Not later than 90 Days following the deficiencies. If Landlord Effective Date, Seller shall disapprove the revisions of the Tenant Plansdemonstrate, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans reasonable satisfaction of Owner which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned that it has secured a sufficient supply of Wind Turbine components and material to satisfy the requirements of this Agreement. Components and material include, but are not limited to: steel, carbon fiber, Voith WinDrive’s Gearboxes, Towers, and Blades.
(d) Acceptance or delayedapproval by Owner of drawings or other documents provided by Seller in respect of work proposed and/or designed by Seller or its Subcontractor(s) (“Seller’s Documents”) shall not relieve Seller of responsibility for any errors or omissions therein, nor for any of its other contractual and legal obligations. No approval of Tenant Plans and/or Final Plans If Owner identifies any discrepancy between Seller’s Documents and documents related to the Owner’s Work, Owner shall notify Seller as soon as possible, and in any way be deemed event before the relevant Owner’s Work is undertaken.
(e) Any major material changes to the WTGs or other equipment or materials made by Seller or its affiliates, after having been confirmed to Owner, are to be an agreement by Landlord that marked on the Tenant Plansdrawings with relevant dimensions, the Final Plans and/or the Tenant Work comply and provided to Owner as soon as reasonably possible. A complete list of such supplier approved changes, together with any lawschanges to the related drawings, ordinancesshall be provided to Owner on or before completion of the Seller’s Work.
(f) Both Seller and Owner shall have a representative attend weekly Project meetings (which meetings may be held telephonically) to discuss, rulesin part:
(i) anticipated requests to change the Project schedule and the reasons for each request;
(ii) delays and the reasons therefore and actions being taken;
(iii) shortages of labor, regulations plant or requirements materials, and actions being taken;
(iv) difficulties in the execution of subcontracts, if any, and actions being taken; and
(v) any governmental authority having jurisdiction thereof outstanding information previously requested by Owner or any insurance requirementsSeller, respectively.
(g) Both Seller and Owner shall have a representative attend monthly (or as otherwise agreed) meetings and each shall inform their respective Subcontractors when their presence at such meeting is required.
Appears in 1 contract
Samples: Turbine Supply Agreement (Composite Technology Corp)
Design. A. The plansExcept as provided to the contrary in Section 5.2 of the Lease, all plans and specifications and drawings for relating to the Tenant Work (the "Tenant Plans") Improvements shall be prepared by architects and engineers selected and employed by Tenant, subject to Landlord's reasonable approval. Tenant's architect and engineersengineer shall work and coordinate with ccrd Partners (Landlord's mechanical, who electrical and plumbing engineer) during the preparation of such plans and specifications. All structural changes to the Base Building must be designed by Brockette-Davis-Drake, Inc. (the Base Building engineer). Tenanx'x xxxxxxxxx xxxxx xe responsible for the review and coordination of all of the Tenant Improvement Bid Documents. Tenant shall pay the cost of all architectural and engineering fees for the Tenant Improvement work incurred by Landlord in making changes to the Base Building to accommodate Tenant Improvements. All such design costs to be paid by Tenant to Landlord shall be licensed paid by Tenant within twenty (20) days after Tenant's receipt of at invoice therefor from Landlord. Tenant may employ, at Tenant's cost and registered expense, other consultants of its selection to assist with the design and construction of the Tenant Improvements. Tenant's architects, engineers and other consultants shall be afforded reasonable access to all work-in-progress in the Commonwealth Building or the Initial Leased Premises provided such architect's, engineers and consultants do not interfere with the progress of Virginiathe construction of the Base Building, shall be sufficient for governmental approval and construction thereof, the Base Building Improvements or the Tenant Improvements and comply with the plans reasonable rules and specifications regulations of Landlord. Tenant acknowledges that any interference by Tenant or its architects, engineers or other consultants may result in a Tenant Delay or a Tenant Improvement Delay, as applicable. Additionally, Tenant shall be responsible for the Buildings actions and with all applicable lawsomissions of its consultants, ordinancesemployees, rulesarchitects, regulations engineers, agents, subcontractors and other requirements contractors, including without limitation, the costs of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The any repairs to the Tenant Plans for Improvements work or the Complex which become necessary due to their activities within the Initial Space shall be delivered to Landlord promptly following Leased Premises or the date hereof for Landlord's approvalComplex. Within ten (10) days after any reasonable request in writing by Tenant, andor its architects, for Subsequent Spaceengineers or other consultants, no later than the same time such Plans are submitted to Tenant's General Contractor (as defined in Paragraph 2 below) for pricing of Tenant Work on such Subsequent Space. Landlord shall not unreasonably withholdfurnish any available plans, condition specifications, drawings, samples or delay its approval other materials or information about the Building that are reasonably related to the design and construction of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant PlansImprovements.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirements.
Appears in 1 contract
Design. A. The plansTenant shall, prior to commencement of Tenant’s Work, submit to Landlord for its review and approval fully completed construction plans and specifications and drawings for the Tenant Tenant’s Work (the "Tenant Plans") shall be prepared by Tenant's architect and engineers, who shall be a licensed and registered in the Commonwealth architect. Landlord agrees that its approval of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications shall not be unreasonably withheld, conditioned or delayed. Such plans and specifications shall conform to Landlord’s plans (the “Landlord’s Plans”) for the Buildings Building and Landlord agrees to cause its engineers and architects to provide all necessary plans to Tenant upon request so that Tenant’s architect and engineers can comply with all applicable laws, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor (as defined in Paragraph 2 below) for pricing of Tenant Work on such Subsequent Spacethis requirement. Landlord shall have a period of thirty (30) days within which to either approve such plans and specifications or to make reasonable comments and changes thereto. If Landlord does not unreasonably withholdrespond to Tenant’s submission of plans and specifications within such thirty (30) day period, condition or delay its then Landlord shall be deemed to have approved the same. If Landlord responds with comments as described above, then Tenant shall revise the plans and specifications taking into consideration Landlord’s comments and resubmit them to Landlord for approval of the Tenant Plans or any revisions thereto within fifteen (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (515) business days from the date of receipt of such comments. Landlord shall then have fifteen (15) days to approve or make comments to such revised plans and specifications; provided, however, that if Landlord does not respond to Tenant’s resubmission of plans and specifications within such fifteen (15) day period, then Landlord shall be deemed to have approved the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether same. The foregoing process shall continue until the Tenant Plans plans and specifications have been approved or disapproved, deemed approved by Landlord. The final approved plans and if disapproved, specifications for Tenant’s Work shall be referred to collectively as the “Plans.” Following Landlord's Plan Notice shall explain in reasonable detail ’s approval of the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan NoticePlans, Tenant shall submit not make any material changes to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, them without Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, ’s approval which approval shall not be unreasonably withheld, conditioned or delayed. No approval Tenant agrees to use commercially reasonable efforts to submit to Landlord fully completed construction plans and specifications for Tenant’s Work on or before December 31, 2006. Following the completion of Tenant’s Work, Tenant Plans and/or Final Plans shall in any way be deemed provide to be an agreement by Landlord that a set of as-built plans for the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirementsPremises.
Appears in 1 contract
Design. A. The plans, specifications (a) Tenant’s Architect and drawings for the engineers employed by Tenant Work (the "Tenant Plans") shall be prepared by Tenant's architect and engineers, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with prepare the plans and specifications for the Buildings Tenant Improvements. Tenant shall ensure that Tenant’s Architect and the engineers employed by Tenant consult and coordinate with Landlord’s Architect and with all applicable lawsGeneral Contractor in the design of the Tenant Improvements. To the extent Landlord approves changes to the Base Building Improvements (following the approval thereof by Landlord and Tenant) in connection with the Tenant Improvements, ordinancessuch changes must be designed by Landlord’s Architect (at Tenant’s sole cost and expense), rules, regulations but Tenant’s Architect shall be responsible for the review and other requirements coordination of all governmental of the plans and quasi-governmental authorities having jurisdiction thereof specifications for the Tenant Improvements. Tenant shall not commence construction of the Tenant Improvements until Landlord has approved the plans and specifications for the Tenant Improvements in writing, which approval shall not be unreasonably withheld (such plans and specifications, as approved by Landlord, are called the “TI Plans”).
(b) Landlord must furnish its approval of, or objections to (and the specific reasons therefor with sufficient detail that will enable Tenant to address such objections) each draft or version of the plans and specifications for the Tenant Improvements in a written notice delivered to Tenant on or before the date that is five (5) Business Days after Tenant’s delivery of the same to Landlord, or, in the case of resubmitted plans and specifications, the date that is three (3) Business Days after delivery of such resubmitted plans and specifications (as applicable, the “Landlord Response Deadline”). If Landlord makes specific objections to such plans and specifications before the Landlord Response Deadline, then Tenant shall make the revisions necessary to reasonably satisfy Landlord’s objections, and Tenant shall resubmit the same to Landlord within a commercially reasonable period after Landlord delivers its objections to Tenant. Landlord will furnish its approval of or objections to such revised plans and specifications by the Landlord Response Deadline, and such approval and revision process shall continue until the plans and specifications for the Tenant Improvements have been approved or deemed approved by Landlord as provided herein. Landlord’s approval of the TI Plans shall not constitute a representation or warranty by Landlord that the TI Plans comply with Legal Requirements or any of the Permitted Exceptions. If Landlord fails to deliver written notice of its approval of or objections to any draft of the plans and specifications for the Tenant Improvements to Tenant on or before the Landlord’s Response Deadline, the applicable draft of such plans and specifications shall be deemed approved by Landlord.
(c) At Tenant’s option, the plans and specifications for the Tenant Improvements may be submitted to Landlord in multiple Packages, and all insurance requirementsof the terms and conditions of this Section 3.2 shall be applicable to each such Package.
B. The Tenant Plans (d) Landlord acknowledges and agrees that it shall not have the right to make any objection to any of the plans or specifications for the Initial Space Tenant Improvements which cause a violation of any Legal Requirement or Permitted Exception. Landlord further acknowledges and agrees that its approval of any of such plans or specifications or any Package thereof shall be delivered deemed given if it fails to make specific objections thereto to Tenant prior to the applicable Landlord Response Deadline.
(e) In the event Tenant does not believe that any objection by Landlord to any of the Drawings (or any Package thereof) is proper, Tenant shall deliver written notice thereof to Landlord promptly within five (5) Business Days following its receipt of Landlord’s objection, and the date hereof for parties shall thereafter use commercially reasonable efforts to resolve such disagreement within five (5) Business Days. In the event any such disagreement is not resolved within such five (5) Business Day period, then the determination of whether Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are ’s objection to any Drawings (or any Package) is proper shall be submitted to Tenant's General Contractor arbitration in accordance with Section 35 of this Lease.
(as defined f) With respect to the matters described in Paragraph 2 belowthis Section 3.2, Landlord and Tenant agree to (i) for pricing of Tenant Work on such Subsequent Space. Landlord shall cooperate and act in good faith so that the TI Plans may be mutually approved by the parties at the earliest date practicable and (ii) not unreasonably withhold, condition or delay its any approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord will notify Tenant consent which is required or requested in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plansaccordance with this Section 3.2.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirements.
Appears in 1 contract
Design. A. The plansPECO ENERGY shall perform an interconnection study, specifications from which PECO ENERGY will determine the INTERCONNECTION POINT, and drawings SELLER will reimburse PECO ENERGY for the Tenant Work costs PECO ENERGY incurs in performing that study. PECO ENERGY will complete the interconnection study within sixty (60) days after receiving from SELLER a $5,000 advance payment for the costs of the study. After PECO ENERGY completes the interconnection study and determines the INTERCONNECTION POINT, SELLER shall submit to PECO ENERGY, along with (a) the DESIGN RELEASE and (b) the initial payment specified in "Tenant Plans") shall be prepared by Tenant's architect and engineersSection 9.2, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications for the Buildings design of the SELLER INTERCONNECTION EQUIPMENT. Within sixty (60) days after the submission of such plans and with all applicable lawsspecifications, ordinancesPECO ENERGY shall notify SELLER (a) that the proposed design of the SELLER INTERCONNECTION EQUIPMENT is acceptable, rules, regulations and other requirements (b) that the proposed design of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor SELLER INTERCONNECTION EQUIPMENT is unacceptable or (as defined in Paragraph 2 belowc) for pricing of Tenant Work on such Subsequent Spacethat additional information is needed. Landlord PECO ENERGY shall not unreasonably withhold, condition or delay its approval withhold acceptance of a proposed design. PECO ENERGY's failure to provide such notification to SELLER within sixty (60) days of the Tenant Plans submission of such plans and specifications shall be deemed an acceptance by PECO ENERGY. If PECO ENERGY notifies SELLER that additional information is needed or any revisions thereto that the proposed design of the SELLER INTERCONNECTION EQUIPMENT is unacceptable, SELLER may submit to PECO ENERGY revised plans and specifications. Within thirty (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans"30) and within five (5) business days of receipt the submission of such revised plans and specifications, PECO ENERGY shall notify SELLER whether additional information is needed, or whether the proposed design is accepted or rejected. If additional information is requested, or the revised design is rejected, SELLER may submit further revised plans and specifications which PECO ENERGY shall review within a reasonable time period. Thereafter, SELLER may submit revised plans and specifications to PECO ENERGY as many times as is necessary to obtain PECO ENERGY's acceptance of a proposed design. PECO ENERGY's acceptance of SELLER's proposed design of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval SELLER INTERCONNECTION EQUIPMENT shall not be unreasonably withheldconstrued as a warranty or representation to SELLER, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirementsother person or entity, of the adequacy, suitability, safety or reliability of the design, construction, installation or operation of the SELLER INTERCONNECTION EQUIPMENT. PECO ENERGY shall periodically render a statement of charges to SELLER for the costs PECO ENERGY incurs pursuant to this Section 8.3, and SELLER shall reimburse PECO ENERGY for all the costs that PECO ENERGY incurs pursuant to this Section 8.3.
Appears in 1 contract
Samples: Agreement for Purchase of Electric Output (Phase I) (NRG Generating U S Inc)
Design. A. The plansConstructing Owner (as defined in Section 3(b)), specifications at its sole cost and drawings expense, but subject to reimbursement as set forth in Section 3(c) below, shall design and obtain all necessary governmental approvals for the Tenant Work (the "Tenant Plans") shall be prepared by Tenant's architect and engineers, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the New Stormwater Detention Facility. The plans and specifications for the Buildings New Stormwater Detention Facility, including the spillway and with all applicable lawssurrounding landscaping, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor the Non-Constructing Owner (as defined in Paragraph 2 belowSection 3(b)) for pricing its review and approval, together with a certification from the design engineer that the New Stormwater Detention Facility satisfies all of Tenant Work on such Subsequent Spacethe current Legal Requirements for those portions of the DTC Project that are intended to have the Facility provide its stormwater management and BMP requirements. Landlord shall The Non-Constructing Owner agrees that it will not unreasonably withhold, withhold or condition or delay its approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt design of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether New Stormwater Detention Facility. The Owners agree that the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions size of the Tenant Plans which correct New Stormwater Detention Facility on the deficienciesCFC Parcel shall not exceed what is generally shown on Exhibit B attached hereto. The Non-Constructing Owner shall provide its written approval or disapproval of the plans and specifications within thirty (30) days after receipt from the Constructing Owner. If Landlord shall the Non-Constructing Owner fails to approve or disapprove the revisions of plans and specifications within the Tenant Plans30-day period, Landlord's Revised Plan Notice it shall explain in reasonable detail be conclusively deemed to have approved the deficiencies which resulted in plans and specifications. Notwithstanding the disapproval. Following receipt of Landlord's Revised Plan Noticeforegoing, Tenant shall submit to Landlord further revisions if the CFC Parcel Owner is the Non-Constructing Owner, then upon written notice to the Tenant Plans which correct DTC Parcel Owner, the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant CFC Parcel Owner shall have the right to make changes from time to time certain discretionary aesthetic upgrades to the Final Plans plans and specifications (herein called the "Revisions"“Aesthetic Upgrades”), and upon receipt of such notice, the DTC Parcel Owner shall promptly revise the plans and specifications to incorporate the Aesthetic Upgrades. All Revisions which affect structuralAdditionally, or materially affect electricalif the DTC Parcel Owner is the Non-Constructing Owner, plumbing or mechanical components the DTC Parcel Owner shall have the right to specify the portions of the Buildings shall be subject DTC Project that are intended to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way be deemed to be an agreement by Landlord that have the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance Facility provide its stormwater management and BMP requirements.
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Samples: Purchase Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Design. A. The plansOnce the Service Agreement for a Project is executed by all parties, specifications and drawings Pure Cycle shall be responsible for preparing the preliminary design documents for the Tenant Work Rangeview Facilities and for providing an engineer's estimate of all costs associated therewith. Prior to the submittal of the Preliminary Design documents to Rangeview, Pure Cycle shall request an estimated Project review budget from Rangeview which budget shall include Rangeview's anticipated costs to undertake the review anticipated by this Subsection (d) and Subsection (e) below ("Plan Review Budget"). Pure Cycle shall submit the "Tenant Plans") shall be prepared by Tenant's architect preliminary design documents for the Rangeview Facilities and engineers, who shall be licensed and registered a deposit of the costs identified in the Commonwealth Plan Review Budget to Rangeview. On or before December 31st of Virginiaeach year, Rangeview shall conduct an accounting of all costs and expenses incurred in undertaking its review pursuant to this Subsection and Subsection (e). In the event the funds deposited hereunder exceed such costs and expenses, Rangeview shall refund such amounts to Pure Cycle unless the parties agree that such remaining amounts should be sufficient for governmental approval retained by Rangeview and construction thereof, and comply with the plans and specifications utilized for the Buildings next Rangeview Facilities' expenses. If Rangeview's costs exceed the amounts deposited, Pure Cycle shall deposit the additional amounts following receipt of a written request for additional funding with documentation evidencing how the previously deposited funds were utilized. Pure Cycle's obligation to pay additional amounts under this Section shall not exceed twenty five percent (25%) of the amounts previously deposited unless the additional costs above 25% are necessitated by changes, or by deficiencies or omissions in the Plan submitted by Pure Cycle. Within ninety (90) days of submittal of the preliminary design and with all applicable lawsdeposit, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space Rangeview shall be delivered provide to Landlord promptly following the date hereof for Landlord's Pure Cycle its approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor (as defined in Paragraph 2 below) for pricing of Tenant Work on such Subsequent Space. Landlord shall not unreasonably withhold, condition disapproval or delay its conditional approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord preliminary design documents. Approvals will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld. Disputes, conditioned or delayed. No approval of Tenant Plans and/or Final Plans shall in any way if any, as to matters under this Section will be deemed submitted to be an agreement by Landlord that the Tenant Plans, the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirementsarbitration pursuant to Section 11.17 hereunder.
Appears in 1 contract
Design. A. The plans, specifications and drawings for the Tenant Work (the "Tenant Plans") shall be prepared by Tenant's architect and engineers, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications for the Buildings and with all applicable laws, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered to Landlord promptly following the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor (as defined in Paragraph 2 below) for pricing of Tenant Work on such Subsequent Space. Landlord shall not unreasonably withhold, condition or delay its approval of the Tenant Plans or any revisions thereto (the Tenant Plans as approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans provisions shall apply to any subsequent revisions all Additional Improvements and Alterations requiring Lessor’s approval pursuant to this Lease:
(a) The design of all such Additional Improvements and Alterations, including without limitation, the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structuralsite plan, or materially affect electricalstructural plans, plumbing or mechanical components of the Buildings landscaping plan, materials, colors, and elevations, shall be subject to Landlord's Lessor’s prior written approval.
(b) Prior to submittal to the City, which approval Lessee shall submit to Lessor, for Lessor’s review, four (4) duplicate sets of design drawings for the proposed Additional Improvements and Alterations, whether or not they are required by the City to commence the application for governmental design approval. The design drawings shall be subject to Lessor’s prior written approval. Lessee shall not be unreasonably withheld, conditioned or delayed. No apply for any governmental approvals until after obtaining Lessor’s prior written approval of Tenant Plans and/or Final Plans the design drawings.
(c) Lessee acknowledges that prior to approving the design drawings for the proposed Additional Improvements and Alterations, Lessor may be obligated to meet and consult with certain committees and other persons within Lessor’s organization. Lessee shall provide Lessor with such information and materials as Lessor may request, attend committee and other meetings with Lessor and other persons associated with Lessor, and take such other actions at Lessee’s sole cost and expense as Lessor deems reasonably necessary to satisfy the requirements of such committees and other persons within Lessor’s organization, and to otherwise respond to Lessee’s request for approval of the proposed Additional Improvements and Alterations.
(d) Prior to finalizing any construction documents that differ in any way material respect from any design or other construction documents previously approved by Lessor, Lessee shall submit to Lessor for Lessor’s prior written approval four (4) duplicate sets of such documents, upon which any changes shall be deemed indicated.
(e) If Lessor disapproves any item pursuant to this Article 12, Lessee shall make whatever changes are reasonably necessary to address the disapproved item and shall resubmit it for Lessor’s written approval. Lessee shall not proceed with the disapproved item, or any item affected by the disapproved item, until Lessor has approved Lessee’s changes. If Lessor and Lessee are unable to agree upon a resolution, Lessor and Lessee shall meet to attempt in good faith to resolve the dispute; provided, however, that Lessor’s final determination shall prevail. Lessor may also, in its sole discretion, present its objections to the construction of any disapproved items to the City or other applicable governmental agency with jurisdiction.
(f) Prior to entering into a contract with any design architect, landscape architect or general contractor for any Additional Improvements and Alterations, Lessee shall obtain Lessor’s prior written approval of the identity of each such design architect, landscape architect or general contractor. Each such contract shall contain provisions acceptable to Lessor that permit the contract to be an agreement assumed by Landlord that Lessor or its designee, at Lessor’s sole discretion, following a termination of this Lease. Any such assumption shall be on the Tenant Plans, same terms and conditions (including fees and prices) as set forth in the Final Plans and/or the Tenant Work comply with any laws, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction thereof or any insurance requirementscontract.
Appears in 1 contract
Samples: Ground Lease (Vmware, Inc.)
Design. A. The plans, specifications and drawings for the First Amendment Tenant Work (the "Tenant First Amendment Final Plans") shall be ), prepared by Tenant's architect Architect and engineersapproved in writing by Tenant and Landlord, who shall be licensed and registered in the Commonwealth of Virginia, shall be sufficient for governmental approval and construction thereof, and comply with the plans and specifications for the Buildings and with all applicable laws, ordinances, rules, regulations and other requirements of all governmental and quasi-governmental authorities having jurisdiction thereof and all insurance requirements.
B. The Tenant Plans for the Initial Space shall be delivered by Tenant to Landlord promptly following by the date hereof for Landlord's approval, and, for Subsequent Space, no later than the same time such Plans are submitted to Tenant's General Contractor First Amendment Plan Date (as defined in Paragraph 2 below) for pricing of the First Amendment Schedule). The First Amendment Final Plans shall include a construction plan, reflected ceiling plan, telephone and electrical outlet layout, finish plan, heating, ventilation and cooling plan and all other architectural, engineering and other details and information necessary to obtain all required governmental approvals for, and to thereafter construct, the First Amendment Tenant Work on such Subsequent Space. Landlord and shall not unreasonably withholdincorporate the Building Standard ceiling, condition or delay its approval doors, door frames and door hardware set forth in Addendum II to Exhibit B of the Tenant Lease. Any changes to the First Amendment Final Plans or any revisions thereto (the Tenant Plans as initially approved by Landlord are hereinafter referred to as the "Final Plans") and within five (5) business days of receipt of the Tenant Plans, Landlord will notify Tenant in writing ("Landlord's Plan Notice") whether the by Tenant Plans have been approved or disapproved, and if disapproved, Landlord's Plan Notice shall explain in reasonable detail the deficiencies that resulted in the disapproval. Following receipt of Landlord's Plan Notice, Tenant shall submit to Landlord revisions of the Tenant Plans which correct the deficiencies. If Landlord shall disapprove the revisions of the Tenant Plans, Landlord's Revised Plan Notice shall explain in reasonable detail the deficiencies which resulted in the disapproval. Following receipt of Landlord's Revised Plan Notice, Tenant shall submit to Landlord further revisions to the Tenant Plans which correct the deficiencies. The procedures and time periods relating to submitting and resubmitting and approving or disapproving revisions to the Tenant Plans shall apply to any subsequent revisions to the Tenant Plans.
C. Tenant shall have the right to make changes from time to time to the Final Plans (herein called the "Revisions"). All Revisions which affect structural, or materially affect electrical, plumbing or mechanical components of the Buildings shall be subject to Landlord's prior written approval, which such approval shall not to be unreasonably withheld, conditioned or delayed.
B. Tenant may request changes to the First Amendment Final Plans. No All such requests shall be submitted to Landlord in writing. Within three (3) business days following Landlord's receipt of each such request, Landlord shall submit to Tenant a proposed change order which shall include an estimate of the cost, and any anticipated delays, that will be incurred as a result of the change. Within three (3) business days following Tenant's receipt of any such proposed change order, Tenant shall deliver to Landlord a written approval or disapproval of the proposed change order, cost estimate and anticipated delays.
C. Tenant Plans and/or Final Plans shall acknowledges that it is vital that it meet all of the foregoing deadlines in order to allow Landlord sufficient time to review plans and drawings and estimate costs, and discuss with Tenant any way be deemed modifications Landlord believes to be an agreement by Landlord that necessary or desirable, and to cause the Tenant Plans, the Final Plans and/or the First Amendment Tenant Work to be Substantially Completed by the Projected First Amendment Commencement Date. Landlord likewise acknowledges that it is vital that Landlord comply with any laws, ordinances, rules, regulations or all of the requirements of any governmental authority having jurisdiction thereof or any insurance requirementsset forth below.
Appears in 1 contract
