Common use of Final Plans Clause in Contracts

Final Plans. (1) The plans for the Initial Tenant Improvements are attached hereto as Schedule 1 (the “Final Plans”). (2) As soon as reasonably practicable after the Effective Date, Landlord shall submit the Final Plans to at least three (3) subcontractors for the following primary trades, mechanical, plumbing, flooring, painting, ventilation, and carpentry in connection with the Initial Tenant Improvements Work, who shall be requested to submit a fixed price contract bid on a straight time basis. Due to the vague nature in the scope of the electrical work, which cost is not anticipated to exceed $10,000, Landlord will not bid that work to 3 contractors. The following “other” work, due to the anticipated low cost will not be bid to 3 contractors: (i) Refinishing of the stainless steel walk in box door; (ii) Laborers to remove furniture; (iii) Moving company to remove the glass washing machine; (iv) Stripping and Waxing of the VCT flooring; (v) Chemical hood commissioning; and (vi) Final cleaning. On or before the date the Lease is executed and delivered by both parties, Tenant shall have the right to provide Landlord with a list of subcontractors which Tenant desires to obtain bids from, which subcontractors shall be subject to Landlord’s reasonable approval. Landlord and Tenant shall monitor the bidding process and jointly review the bids and shall adjust the bids based upon any inconsistent assumptions to reflect an “apple to apples” comparison. Within ten (10) Business Days following the joint review and adjustment of the bids, Landlord shall pick the subcontractors to perform the Initial Tenant Improvements Work with Tenant’s involvement and Tenant shall approve the budget for Initial Tenant Improvements. Landlord may, at its election, designate a list of approved contractors and subcontractors for the performance of those portions of the Landlord’s Base Building Work involving electrical, mechanical, plumbing, heating, air conditioning, ventilation, life safety or other Building systems, from which list the contractors or subcontractors, as the case may be, must be selected.

Final Plans. (1) The plans Promptly following the Landlord’s approval of the Preliminary Drawings, Tenant shall be solely responsible for the Initial timely preparation and submission to Landlord of all architectural, electrical and mechanical construction drawings, plans and specifications necessary to construct the Tenant’s Work, which plans shall be prepared consistent with the approved Preliminary Drawings (collectively, the “Working Drawings”). Tenant Improvements shall provide a complete set of the Working Drawings to Landlord for its review and approval by no later than sixty (60) days after the Landlord’s approval of the Preliminary Drawings (the “Working Drawings Outside Date”). Landlord shall approve or provide reasonable detail of its disapproval of such Working Drawings within five (5) Business Days, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord denies approval, Tenant shall cause the Working Drawings to be revised and resubmitted to Landlord within five (5) Business Days. Landlord shall then have three (3) Business Days to approve or provide reasonable detail of its disapproval of such revised Working Drawings. If Landlord denies approval, such process will continue until Landlord’s approval of the Working Drawings is provided. If Landlord fails to approve or deny approval within the time periods set forth above, Landlord shall be deemed to have approved the Working Drawings in the form to which Landlord did not respond. The Working Drawings as approved in accordance with this subsection are attached hereto referred to as Schedule 1 (the “Final Plans”). Landlord and Tenant agree that promptly following the approval of the Final Plans, Landlord and Tenant shall mutually agree upon the TW Delivery Date in accordance with the provisions of Section 2(g) of the Second Amendment. (2) As soon Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for all elements of the design of Tenant’s Preliminary Drawings, Working Drawings and Final Plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Second Expansion Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Preliminary Drawings, Working Drawings and Final Plans shall in no event relieve Tenant of the responsibility for such design. Tenant covenants and agrees to use commercially reasonable efforts to cause (x) the Preliminary Drawings to be provided to the Landlord for its review and approval by no later than the Preliminary Drawings Outside Date, and (y) the Working Drawings shall be provided to Landlord for its review and approval by no later than the Working Drawings Outside Date and to devote such time as reasonably practicable after may be necessary in consultation with said architect and engineers to enable them to complete and submit the Effective DatePreliminary Drawings and/or the Working Drawings within the required time limit. The parties agree that in no event shall Tenant’s failure to comply with the timing requirements contained in this Exhibit “B”, constitute a default by Tenant under the Lease. (3) Subject to Section F below, Landlord shall act as construction manager with respect to the Tenant’s Work. The parties acknowledge that there shall be no general contractor for the Tenant’s Work, and Landlord shall enter into direct contracts with subcontractors for each of the trades necessary to perform the Tenant’s Work. Promptly following approval of the Final Plans, Landlord shall submit the Final Plans to at least three (3) subcontractors for each of the following primary trades, mechanical, plumbing, flooring, painting, ventilation, and carpentry in connection with trades necessary to perform the Initial Tenant Improvements Tenant’s Work, who shall be requested to submit a fixed price contract bid on a straight time basis. Due Prior to the vague nature in the scope approval of the electrical work, which cost is not anticipated to exceed $10,000, Landlord will not bid that work to 3 contractors. The following “other” work, due to the anticipated low cost will not be bid to 3 contractors: (i) Refinishing of the stainless steel walk in box door; (ii) Laborers to remove furniture; (iii) Moving company to remove the glass washing machine; (iv) Stripping and Waxing of the VCT flooring; (v) Chemical hood commissioning; and (vi) Final cleaning. On or before the date the Lease is executed and delivered by both partiesPlans, Tenant shall have the right to provide Landlord with a list of subcontractors which Tenant desires to obtain bids fromfrom (one for each trade), which subcontractors shall be subject to Landlord’s reasonable approval. Landlord and Tenant shall monitor the bidding process and jointly review the bids and shall adjust the bids based upon any inconsistent assumptions to reflect an “apple to apples” comparison. Within ten (10) Business Days following the joint review and adjustment of the bids, Landlord and Tenant shall pick the subcontractors to perform the Initial Tenant Improvements Work with Tenant’s involvement Work, and Tenant shall approve the budget for Initial the Tenant’s Work (the “Approved Budget”). Thereafter, Landlord shall enter into fixed price contracts with such subcontractors consistent with the Approved Budget (the “Contracts”), which Contracts shall be subject to Tenant’s reasonable approval, shall include the insurance requirements set forth in Schedule 1 hereto and shall be assignable to Tenant, or its designee without consent of the subcontractors. Tenant Improvementsshall approve or provide reasonable detail of its disapproval of any Contract within three (3) Business Days after Tenant’s receipt, such approval not to be unreasonably withheld, conditioned or delayed. Landlord may, at its election, designate a list of approved contractors and subcontractors for the performance of those portions of the LandlordTenant’s Base Building Work involving electrical, mechanical, plumbing, heating, air conditioning, ventilation, life safety or other Building systems, from which list the contractors or subcontractors, as the case may be, must be selected.

Final Plans. (1) The plans Tenant shall diligently pursue the preparation and completion of Final Plans for the Initial Tenant Improvements Improvement Work as provided below: 2.1 Tenant shall prepare preliminary plans, specifications and working drawings of the proposed Tenant Improvement Work containing all of the information described in Section 2.6 below (the “Preliminary Plans”) and submit such Preliminary Plans to Landlord. Landlord shall, within ten (10) days after Landlord’s receipt of the Preliminary Plans (i) approve the Preliminary Plans, or (ii) disapprove the Preliminary Plans and return the same to Tenant with reasons for such disapproval including the requested revisions. Landlord’s review and approval shall include, without limitation, confirmation that Tenant’s Preliminary Plans are attached hereto as Schedule 1 based on high quality workmanship and consistent with the standards described in Section 6.1 of this Agreement and the requirements of the Building. If Landlord disapproves the Preliminary Plans, Tenant may resubmit the Preliminary Plans to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Preliminary Plans, based upon the criteria set forth in this Section 2.1, within ten (10) days after Landlord receives such resubmitted Preliminary Plans. 2.2 The Preliminary Plans may be provided by Tenant to Landlord in one or more stages and at one or more times and the time periods set forth herein shall apply to each portion submitted. 2.3 In the event Landlord fails to respond to the Preliminary Plans within said ten (10) day period, then Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond shall result in the deemed approval of the attached” in all capital letters and in bold face type. In the event Landlord fails to respond to the Preliminary Plans within five (5) days following such second submittal, then such second failure by Landlord shall be deemed acceptance and approval of the Preliminary Plans by Landlord, provided such plans do not provide for changes to the Building structure or exterior of the Building or materially and adversely affect the Building Systems. 2.4 This process shall continue until the Preliminary Plans are approved by both parties and therefore deemed the “Final Plans”). 2.5 Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Final Plans, and Tenant’s waiver and indemnity set forth in Section 13 of this Lease shall specifically apply to the Final Plans. 2.6 The Preliminary Plans and the Final Plans shall include, without limitation, architectural, mechanical and electrical drawings and specifications, the location and description of air conditioning and plumbing systems, computer and telephone wiring and cabling, mechanical items, sound attenuation materials, ceiling plans, including light fixtures, electrical systems and outlets, telephone outlets, sprinklers, doors, wall finishes, floor coverings and all other work required by Tenant. 2.7 In the event Tenant desires to materially change the Final Plans, Tenant shall deliver notice (the “Drawing Change Notice”) of the same to Landlord, setting forth in detail the material changes (the “Tenant Change”) Tenant desires to make to the Final Plans. Landlord shall, within five (5) business days of receipt of the Drawing Change Notice either (i) approve the Tenant Change, or (ii) disapprove the Tenant Change and deliver a notice to Tenant specifying the reasons for Landlord’s disapproval. In the event Landlord fails to respond to the Drawing Change Notice within the aforementioned number of days, then Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond within two (2) As soon as reasonably practicable after business days shall result in the Effective Datedeemed approval of the attached” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to the Drawing Change Notice within the time periods set forth in the immediately preceding sentence, Landlord then such Drawing Change Notice shall submit be deemed approved by Landlord, provided such plans do not provide for changes to the Final Plans to at least three (3) subcontractors for Building structure or exterior of the following primary trades, mechanical, plumbing, flooring, painting, ventilation, Building or materially and carpentry adversely affect the Building Systems. Any additional costs which arise in connection with the Initial such Tenant Improvements Work, who Change shall be requested to submit a fixed price contract bid on a straight time basis. Due paid by Tenant; provided, however, that to the vague nature in extent the scope Tenant Improvement Allowance has not been depleted, such payment shall be made out of the electrical work, which cost is not anticipated to exceed $10,000, Landlord will not bid that work to 3 contractors. The following “other” work, due to the anticipated low cost will not be bid to 3 contractors: (i) Refinishing of the stainless steel walk in box door; (ii) Laborers to remove furniture; (iii) Moving company to remove the glass washing machine; (iv) Stripping and Waxing of the VCT flooring; (v) Chemical hood commissioning; and (vi) Final cleaning. On or before the date the Lease is executed and delivered by both parties, Tenant shall have the right to provide Landlord with a list of subcontractors which Tenant desires to obtain bids from, which subcontractors shall be subject to Landlord’s reasonable approval. Landlord and Tenant shall monitor the bidding process and jointly review the bids and shall adjust the bids based upon any inconsistent assumptions to reflect an “apple to apples” comparison. Within ten (10) Business Days following the joint review and adjustment of the bids, Landlord shall pick the subcontractors to perform the Initial Tenant Improvements Work with Tenant’s involvement and Tenant shall approve the budget for Initial Tenant Improvements. Landlord may, at its election, designate a list of approved contractors and subcontractors for the performance of those portions of the Landlord’s Base Building Work involving electrical, mechanical, plumbing, heating, air conditioning, ventilation, life safety or other Building systems, from which list the contractors or subcontractors, as the case may be, must be selectedImprovement Allowance.

Final Plans. (1) The plans Tenant shall cause the Architect to prepare final working drawings, which shall be consistent with the Space Plan, compatible with the design, construction and equipment of the Building, comply with all Applicable Laws, capable of logical measurement and construction, and contain all such information as may be required for obtaining all permits and other governmental approvals for the Initial construction of the Tenant Improvements are attached hereto as Schedule 1 (the “Final Plans”"Working Drawings"). . Within thirty (230) As soon as reasonably practicable days after approval of the Effective Date, Landlord Tenant shall submit the Final Plans to at least three (3) subcontractors for the following primary trades, mechanical, plumbing, flooring, painting, ventilation, and carpentry in connection with the Initial Tenant Improvements Work, who shall be requested to submit a fixed price contract bid on a straight time basis. Due to the vague nature in the scope two copies of the electrical work, which cost is not anticipated Working Drawings to exceed $10,000, Landlord will not bid that work to 3 contractors. The following “other” work, due to the anticipated low cost will not be bid to 3 contractors: (i) Refinishing of the stainless steel walk for its review and approval in box door; (ii) Laborers to remove furniture; (iii) Moving company to remove the glass washing machine; (iv) Stripping and Waxing of the VCT flooring; (v) Chemical hood commissioning; and (vi) Final cleaning. On or before the date the Lease is executed and delivered by both parties, Tenant shall have the right to provide Landlord with a list of subcontractors which Tenant desires to obtain bids from, which subcontractors shall be subject to Landlord’s its reasonable approval. Landlord and Tenant shall monitor the bidding process and jointly review the bids and shall adjust the bids based upon any inconsistent assumptions to reflect an “apple to apples” comparisondiscretion. Within ten (10) Business Days following the joint review and adjustment days after receipt of the bidsWorking Drawings, Landlord shall pick notify Tenant in writing that (i) Landlord approves of such Working Drawings, or (ii) Landlord disapproves of such Working Drawings, the subcontractors basis for disapproval and the changes requested by Landlord. Tenant shall cause the Working Drawings to perform be revised and shall submit the Initial revised Working Drawings to Landlord for its review and approval as provided in this section. If Landlord disapproves of the Working Drawings in any respect, the parties shall confer and negotiate in good faith to reach written agreement on the Working Drawings within five (5) business days thereafter for the first (1st) disapproval and three (3) business days thereafter. Upon such agreement, Tenant shall cause the Working Drawings to be revised and shall submit the revised Working Drawings to Landlord for its review and approval as provided in this section. Landlord shall approve or reasonably disapprove of such revised Working Drawings within three (3) business days after delivery of such Working Drawings to Landlord. If Landlord disapproves the revised Working Drawings, the parties shall again meet and confer in accordance with this paragraph until the parties agree on the Working Drawings. If Landlord disapproves of the second set of Working Drawings within said three (3) business day time period and such disapproval or failure to agree is not based on a Design Problem, then each day after the end of said three (3) business day time period shall constitute a Landlord Delay and if Tenant is unable to conduct its business in all of the Premises as a result, Tenant shall be entitled to a partial abatement in rent for each day of such Landlord Delay. Such abatement in rent shall be limited to the square footage of the Premises in which Tenant is constructing the Tenant Improvements Work with Tenant’s involvement and is unable to construct the Tenant Improvements pending approval of such Working Drawings. The Working Drawings approved in writing by the parties shall approve the budget for Initial Tenant Improvements. Landlord may, at its election, designate a list of approved contractors and subcontractors for the performance of those portions of the Landlord’s Base Building Work involving electrical, mechanical, plumbing, heating, air conditioning, ventilation, life safety or other Building systems, from which list the contractors or subcontractors, be referred to as the case may be, must be selected"Final Plans."

Final Plans. Within thirty (130) The plans for days after any approval by both Landlord and Tenant of the Initial Tenant Improvements are attached hereto as Preliminary Expansion Plans, the Preliminary Budget and the Preliminary Schedule 1 (the “Final Plans”). (2) As soon as reasonably practicable after the Effective Datepursuant to Section 27.3, Landlord shall submit the Final Plans cause to at least three (3) subcontractors for the following primary trades, mechanical, plumbing, flooring, painting, ventilation, and carpentry in connection with the Initial Tenant Improvements Work, who shall be requested to submit a fixed price contract bid on a straight time basis. Due to the vague nature in the scope of the electrical work, which cost is not anticipated to exceed $10,000, Landlord will not bid that work to 3 contractors. The following “other” work, due to the anticipated low cost will not be bid to 3 contractorsprepared: (i) Refinishing of final plans, drawings and specifications for the stainless steel walk Expansion Premises (the "Final Expansion Plans") prepared, based on and in box doorsubstantial accordance with the Preliminary Expansion Plans, and designating any items required to be constructed or installed by Tenant at its own cost and expense ("Tenant's Work"); (ii) Laborers to remove furniture; (iii) Moving company to remove a comprehensive budget for the glass washing machine; (iv) Stripping and Waxing construction of the VCT flooring; Expansion Premises (v) Chemical hood commissioningthe "Expansion Budget"); and (viiii)a comprehensive schedule for the Construction of the Expansion Premises (the "Expansion Schedule"; the Final Expansion Plans, the Expansion Budget and the Expansion Schedule being referred to herein collectively as the "Expansion Documents"). Landlord shall, within said thirty (30) Final cleaningday period, deliver the Expansion Documents to Tenant for its approval, which approval shall not be unreasonably withheld. On or before the date the Lease is executed and delivered by both parties, Tenant shall have notify Landlord, in writing, of Tenant's approval or di▇▇▇▇▇▇val of the right Expansion Documents within thirty (30) days after Tenant's receipt thereo▇. ▇▇ Tenant disapproves any of the Expansion Documents,or any modification thereof, Landlord shall cause thesame to provide be modified in such respects as Landlord with a list deems appropriate and resubmitted to Tenant within fifteen (15)days after receipt of subcontractors which Tenant desires Tenant's notice of disa▇▇▇▇▇▇l. In the event that Tenant,acting reasonably and in good faith, fails to obtain bids fromapprove all of the Expansion Documents within one hundred eighty (180) days after delivery of the Expansion Notice, which subcontractors then the Expansion Notice shall automatically be subject to Landlord’s reasonable approval. Landlord deemed withdrawn,and rendered null and void and Tenant shall monitor pay to Landlord as Additional Rent, promptly following demand, an amount equal to all costs and expenses reasonably paid or incurred by Landlord in connection with Tenant's exercise of the bidding process Expansion Option, including, without limitati on, fees of architects, engineers and jointly review the bids and shall adjust the bids based upon any inconsistent assumptions to reflect an “apple to apples” comparison. Within ten (10) Business Days following the joint consultants involved in Landlord's review and adjustment approval of the bidsPreliminary Expansion Plans, Landlord shall pick the subcontractors to perform the Initial Tenant Improvements Work with Tenant’s involvement and Tenant shall approve the budget for Initial Tenant Improvements. Landlord may, at its election, designate a list of approved contractors and subcontractors for the performance of those portions preparation of the Landlord’s Base Building Work involving electricalExpansion Documents,the costs associated with preparing and negotiating the Amendment Terms, mechanicaland any option or similar fees; provided, plumbinghowever, heatingthat Tenant may later deliver an Expansion Notice if Tenant later desires to attempt to exercise the Expansion Option, air conditioningin which case the terms and conditions of this Section shall again apply. The Expansion Documents, ventilationif approved by Tenant, life safety or other Building systems, from which list will supercede the contractors or subcontractors, as the case may be, must be selectedPreliminary Expansion Plans.