Common use of Final Construction Documents Clause in Contracts

Final Construction Documents. Tenant shall supply the Engineers with a complete listing (to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers arid the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering documents for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), and shall submit the same to Landlord for Landlord’s approval, which shall not be withheld except In the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Lease (and subject to the last sentence of Section 8.6 of the Lease), Tenant shall send to Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one (1) pdf electronic copy signed by Xxxxxx, of such Final Construction Documents. Landlord shall advise Tenant within twelve (12) business days after Xxxxxxxx’s receipt of the Final Construction Documents for the Premises if the same is incomplete in any material respect or if a Design Problem exists. If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents to cause them to be complete and to eliminate any Design Problem. If Landlord fails to respond to the Final Construction Documents within the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond to the Final Construction Documents within five (5) business days after receipt of the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed approved by Landlord.

Final Construction Documents. Tenant shall supply the Engineers with a complete listing (to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Second Additional Basement Premises, to enable the Engineers arid and the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering documents for the Second Additional Basement Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), and shall submit the same to Landlord for Landlord’s approval, which shall not be withheld except In in the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Original Lease (and subject to the last sentence of Section 8.6 of the Original Lease), . Tenant shall send to Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one (1) pdf electronic copy signed by Xxxxxx, of such Final Construction Documents. Landlord shall advise Tenant within twelve (12) business days after Xxxxxxxx’s receipt of the Final Construction Documents for the Second Additional Basement Premises if the same is incomplete in any material respect or if a Design Problem exists. If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents to cause them to be complete and to eliminate any Design Problem. If Landlord fails to respond to the Final Construction Documents within the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond to the Final Construction Documents within five (5) business days after receipt of the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed approved by Landlord.

Final Construction Documents. Tenant shall supply the Engineers with a complete listing (to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Expansion Premises, to enable the Engineers arid and the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering documents for the Expansion Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), and shall submit the same to Landlord for Landlord’s approval, which shall not be withheld except In in the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Original Lease (and subject to the last sentence of Section 8.6 of the Original Lease), . Tenant shall send to Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one (1) pdf electronic copy signed by Xxxxxx, of such Final Construction Documents. Landlord shall advise Tenant within twelve (12) business days after XxxxxxxxLandlord’s receipt of the Final Construction Documents for the Expansion Premises if the same is incomplete in any material respect or if a Design Problem exists. If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents to cause them to be complete and to eliminate any Design Problem. If Landlord fails to respond to the Final Construction Documents within the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond to the Final Construction Documents within five (5) business days after receipt of the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed approved by Landlord.

Final Construction Documents. Tenant shall supply the Engineers with a complete listing (to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers arid the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect The Architect/Space Planner and the Engineers to Engineer shall complete the architectural and engineering documents drawings and specifications for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), ) and shall submit the same to Landlord for Landlord’s reasonable approval, which shall not be withheld except In . Tenant may submit the case of Final Construction Documents to Landlord for review on a Design Problem and which approval shall also contain Landlord’s designation of Required Removables floor by floor basis as provided for in Section 8.6 of the Lease (and subject to the last sentence of Section 8.6 of the Lease), same are completed. Tenant shall send to supply Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one four (14) pdf electronic copy copies signed by Xxxxxx, Tenant of such Final Construction Documents. Landlord shall advise Tenant in writing within twelve five (125) business days after XxxxxxxxLandlord’s receipt of the Final Construction Documents for the Premises if of Landlord’s approval or the same is incomplete specific, itemized grounds for Landlord’s reasonable disapproval of the same, which shall, in any material respect or if a Design Problem existsevent be limited to the Final Construction Documents not being consistent with the Final Space Plans. If Tenant is so advisedadvised of Landlord’s reasonable disapproval and the specific and reasonable grounds therefor, Tenant shall immediately revise the Final Construction Documents to cause them to be complete in accordance with such review and to eliminate any Design Problemreasonable disapproval of Landlord in connection therewith as provided herein. If Landlord fails to respond to Tenant shall then re-submit the revised Final Construction Documents within to Landlord for Landlord’s approval or reasonable disapproval in the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure same manner and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond pursuant to the Final Construction Documents within same guidelines governing Tenant’s initial submission except that Landlord’s response period shall be shortened from five (5) business days after receipt of to three (3) business days. The resubmission process shall continue until Landlord has reasonably approved the Final Construction Documents Reminder Notice, such portion of in accordance with the Final Construction Documents shall be deemed approved by Landlordterms hereof.

Final Construction Documents. Tenant shall supply After the Engineers with a complete listing (to approval of the best of Final Space Plan by Landlord and Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers arid the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect Architect/Space Planner and the Engineers to complete the architectural and engineering documents drawings for the Premises, and Architect Architect/Space Planner shall compile a 4885-9329-8068.6/391320.00007/5-29-24/arb/bwt EXHIBIT D -5- fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings Construction Documents in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), ) and shall submit the same to Landlord for Landlord’s approval, which shall not be withheld except In the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Lease (and subject to the last sentence of Section 8.6 of the Lease), . Tenant shall send to supply Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one (1) pdf electronic copy signed by Xxxxxx, Tenant of such Final Construction Documents. Landlord shall advise Tenant within twelve five (125) business days Business Days after XxxxxxxxLandlord’s receipt of the Final Construction Documents for the Premises if the same is unsatisfactory or incomplete in any material respect or if a Design Problem existsrespect. If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents in accordance with such review and any disapproval of Landlord in connection therewith. Landlord shall have three (3) Business Days to cause them review Xxxxxx’s revisions to be complete and to eliminate any Design Problemthe Final Construction Documents. If Landlord fails to respond to Xxxxxx's request for approval of the Final Construction Documents within the twelve (12) business day period set forth time periods provided above, Tenant may send deliver a written "reminder notice" to Landlord a notice setting forth such failure that contains the following statement in bold and warning that a continuing failure to respond may result in a “deemed approval” capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF PARAGRAPH 3.2 OF EXHIBIT D TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN THREE (the “Final Construction Documents Reminder Notice”). 3) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE FINAL CONSTRUCTION DOCUMENTS DESCRIBED HEREIN." If Landlord fails to respond to the Final Construction Documents such "reminder notice" within five three (53) business days after receipt of the Final Construction Documents Reminder NoticeBusiness Days, such portion of the Final Construction Documents then Landlord shall be deemed to have approved by Landlordthe proposed Final Construction Documents.

Final Construction Documents. Tenant Promptly after the Final Space Plans have been approved by both parties, Landlord shall supply the Engineers with a complete listing (use commercially reasonable efforts to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers arid the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect Architect/Space Planner and the Engineers to complete the architectural and engineering documents drawings and specifications for the PremisesTenant Improvements, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing the final architectural working drawings in a form which is complete to when completed will allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), ) and shall submit the same to Landlord Tenant for LandlordTenant’s approval. Tenant shall, which shall not be withheld except In the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Lease within five (and subject to the last sentence of Section 8.6 of the Lease), Tenant shall send to Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one (1) pdf electronic copy signed by Xxxxxx, of such Final Construction Documents. Landlord shall advise Tenant within twelve (125) business days after Xxxxxxxxits receipt of the Final Construction Documents, either (i) approve the Final Construction Documents, (ii) approve the Final Construction Documents subject to specified conditions (but only to the extent the Final Construction Documents do not comply with the Final Space Plan) which conditions Landlord may approve or disapprove in its reasonable discretion, or (iii) disapprove and return the Final Construction Documents to Landlord with detailed requested revisions (but only to the extent the Final Construction Documents do not comply with the Final Space Plan). If Tenant disapproves the Final Construction Documents or the Landlord disapproves the conditions or revisions the Tenant has requested, Landlord and Tenant shall meet and try to resolve the dispute, and if not successful within five (5) business days, either Tenant or Landlord may submit the dispute to mediation pursuant to Section 6.7 below. Each day of delay in reaching a decision after the date that is five (5) business days after Tenant’s receipt of the Final Construction Documents for shall be assigned by the Premises mediator as either a Tenant Delay or a Landlord Delay (or allocated in a proportion determined by the mediator as a Tenant Delay and a Landlord Delay). Promptly after agreement between the parties or a decision by the mediator, if needed to implement a revision, Landlord shall use commercially reasonable efforts to cause the same is incomplete in any material respect or if a Design Problem exists. If Tenant is so advised, Tenant shall immediately Architect/Space Planner to revise the Final Construction Documents to cause them to be complete and to eliminate any Design Problem. If Landlord fails to respond to resubmit the Final Construction Documents within to Tenant and Tenant shall approve or disapprove of the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond to the resubmitted Final Construction Documents within five (5) business days after receipt of it receives such resubmitted Final Construction Documents. Once the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed have been approved by Landlordboth parties, the approved documents will be the “Approved Construction Documents”.

Final Construction Documents. To the extent provided to Tenant by Landlord, Tenant shall supply the Tenant’s Architects and Tenant’s Engineers with a complete Exhibit D, Page 4 listing (to the best of Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculationsHVAC requirements, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Tenant’s Engineers arid and the Tenant’s Architect to complete the “Final Construction Documents” Documents (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Tenant’s Architect and the Tenant’s Engineers to complete the architectural and engineering documents drawings for the Premises, Turnkey Improvements and the Tenant’s Work and Tenant’s Architect shall compile a fully fully-coordinated set of architectural, structuralstructural (if required), mechanical, electrical and plumbing working drawings construction documents in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), ) and shall submit the same to Landlord for Landlord’s approval, which approval shall not be withheld unreasonably withheld, conditioned or delayed except In to the case of a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 extent such changes, modifications or alterations related to the structural components of the Lease (and subject to Building and/or the last sentence of Section 8.6 mechanical, engineering, plumbing or life safety systems of the LeaseBuilding (in which case Landlord may withhold its approval it is sole and absolute discretion), . Tenant shall send to supply Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one two (12) pdf electronic copy copies signed by Xxxxxx, Tenant of such Final Construction Documents. Landlord shall advise Tenant Tenant, in writing, within twelve five (125) business days after XxxxxxxxLandlord’s receipt of the Final Construction Documents for the Premises Lab Work if the same is approved, or unsatisfactory or incomplete in any material respect (and specify in such written notice the unsatisfactory or if a Design Problem existsincomplete items). If Tenant is so advised, Tenant shall immediately revise Landlord’s approval of the Final Construction Documents to cause them to as provided above shall not be complete and to eliminate any Design Problemunreasonably withheld, conditioned, or delayed. If Landlord fails to respond within the said 5-business day period, then Tenant shall deliver a Second Approval Request Notice in accordance with Section 2.2(a), above, and Landlord’s failure to respond within three (3) days of its receipt thereof, shall constitute Landlord’s approval thereof. If the Final Construction Documents within are not approved, then Tenant shall have the twelve (12) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure right to respond may result in a “deemed approval” (modify the “proposed Final Construction Documents Reminder Notice”). If and resubmit to Landlord fails to respond to for review in accordance with the process above until such Final Construction Documents within five (5) business days after receipt of the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed have been approved by LandlordLandlord or deemed approved.

Final Construction Documents. Tenant shall supply After the Engineers with a complete listing (to approval of the best of Final Space Plan by Landlord and Tenant’s knowledge at the time) of standard and non-standard equipment and specifications, as may be requested by the Engineers, including, without limitation, B.T.U. calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers arid the Architect to complete the “Final Construction Documents” (as that term is defined below) in the manner as set forth below. Tenant shall promptly cause the Architect Architect/Space Planner and the Engineers to complete the architectural and engineering documents drawings for the Premises, and Architect Architect/Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings Construction Documents in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the “Final Construction Documents”), ) and shall submit the same to Landlord for Landlord’s approval, which approval shall not be withheld except In the case of unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord to withhold its consent if a Design Problem and which approval shall also contain Landlord’s designation of Required Removables as provided for in Section 8.6 of the Lease (and subject to the last sentence of Section 8.6 of the Lease), exists. Tenant shall send to supply Landlord via electronic mail in accordance with the terms of Section 6.2 of this Tenant Work Letter, one two (12) pdf electronic copy copies signed by Xxxxxx, Tenant of such Final Construction Documents. Landlord shall advise Tenant within twelve ten (1210) business days after XxxxxxxxLandlord’s receipt of the Final Construction Documents for the Premises if the same is unsatisfactory or incomplete in any material respect or if a Design Problem existsrespect. If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents to cause them to be complete in accordance with such review and to eliminate any disapproval of Landlord in connection therewith. A “Design Problem. If Landlord fails ” will be deemed to respond exist if any Tenant Improvements or Alterations (a) adversely affect the Building structure or any Building Systems, (b) affect the exterior appearance of the Building in a manner not consistent with office space in Comparable Buildings, (c) affect the certificate of occupancy issued for the Building or the Premises, (d) unreasonably interfere with any other occupant’s normal and customary office operation, (e) fail to comply with the Construction Rules, Requirements, Specifications, Design Criteria and Building Standards, to the Final Construction Documents within the twelve extent applicable, or (12f) business day period set forth above, Tenant may send Landlord a notice setting forth such failure and warning that a continuing failure to respond may result in a “deemed approval” (the “Final Construction Documents Reminder Notice”). If Landlord fails to respond to the Final Construction Documents within five (5) business days after receipt of the Final Construction Documents Reminder Notice, such portion of the Final Construction Documents shall be deemed approved by Landlordviolate any Applicable Laws.