Final Working Drawings. Upon Landlord's approval of the Final Space Plan, Tenant shall cause the Architect to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related thereto.
Appears in 1 contract
Samples: Office Lease Agreement (GoPro, Inc.)
Final Working Drawings. Upon Landlord's approval of the Final Space Plan, Tenant Lessor and its architect and engineers shall cause the Architect to complete the architectural and engineering drawings for the Premises, and the . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Premises Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord County for Landlord's County’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. County shall approve or reasonably disapprove any draft of the Final Working Drawings within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the Final Working Drawings which are consistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below, and Landlord's architect (b) County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the County for all purposes of this Work Letter and engineers the Lease, and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function (ii) any disapproval of the balance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Projectreasons for County’s disapproval. Tenant Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (7) business day period shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's deemed to constitute County’s approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such designthereof. Tenant This process shall be solely responsible for repeated until the timely preparation and Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s DocuSign Envelope ID: 9A52F253-B5A9-4D62-B680-9723CDF6563B initial objections to Xxxxxx’s first submission of the Construction Documents Final Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all elements applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the design Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such Construction Documents and for all costs related theretochange would directly or indirectly delay the Substantial Completion of the Premises Work.
Appears in 1 contract
Samples: Lease Agreement
Final Working Drawings. Upon Landlord's approval of After the Final Space PlanPlan for a Project has been approved by Landlord, Tenant shall cause the Architect to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings Project in a form which is complete to allow the approved general contractors (as set forth in Section 5.1 of this Tenant Work Letter) and qualified subcontractors of the Major Trade Components (as defined in Section 5.1.2 of this Tenant Work Letter) to bid on the work of such Project and to obtain all applicable permits (collectively, the "Final Working Drawings") and shall submit two (2) full size sets signed by Tenant of ). Upon the same and the CAD file Architect's completion of the Final Working Drawing Drawings for a Project, Tenant shall submit the same to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen ten (1510) business days following Landlord's ’s receipt of the such Final Working Drawings, Landlord shall provide notify Tenant with its approval, disapproval or approval with conditions in writing whether (a) Landlord approves of such Final Working Drawings or whether (provided however that b) Landlord disapproves such fifteen (15) day period Final Working Drawings, which disapproval shall specify the reasonable basis for such disapproval and shall be extended accompanied by a written detailed description of changes required in order to satisfy Landlord’s concerns. If Landlord timely and reasonably disapproves the Final Working Drawings in accordance with this Section 4.3, Tenant shall cause the Final Working Drawings to be revised by the Architect as needed reasonably EXHIBIT B-1 . required to address the Landlord’s objections, and shall submit the revised Final Working Drawings to Landlord for structural items). Landlord's failure review, with the foregoing review process to respond within such fifteen be repeated until Landlord has approved (15or is deemed to have approved as provided below) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of fails to timely approve or reasonably disapprove the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days day following their submission by Tenant for Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period approval, the terms of Section 4.6, below, shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretoapplicable.
Appears in 1 contract
Samples: Sorrento Summit (Nuvasive Inc)
Final Working Drawings. Upon Landlord's approval of the Final Space PlanTenant, Tenant Tenant’s architect and Tenant’s engineers shall cause the Architect to complete the architectural and engineering drawings for the PremisesInitial Alterations, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits the Required Permits (collectively, the "“Final Working Drawings"”) and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's ’s approval. Landlord shall, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen within five (155) days following Business Days after Landlord's ’s receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings either (provided however that such fifteen (15i) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions (which conditions must be stated in a reasonably clear manner) to be satisfied by Tenant prior to submitting the Final Working Drawings for the Required Permits, to the extent the Final Working Drawings contain an Initial Alterations Design Problem, or (iii) disapprove the Final Working Drawings for an Initial Alterations Design Problem and return the same to Tenant with requested revisions; provided, however, that after Landlord shall only disapprove the expiration of such fifteen (15) day period, Tenant may send Final Working Drawings if they contain an Initial Alterations Design Problem. If Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of disapproves the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with to Landlord, and Landlord shall approve or disapprove of the modifications required by Landlordresubmitted Final Working Drawings, based upon the criteria set forth in this Section C, within five (5) Business Days after Landlord receives such resubmitted Final Working Drawings. This process Such procedure shall continue be repeated until the Final Working Drawings are approved by Landlord. If Landlord shall fails to timely respond with its to Tenant within any applicable response period referenced herein for Landlord’s approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which casethen Tenant shall deliver a second notice requesting Landlord’s response to such Final Working Drawings and if Landlord thereafter fails to respond within three (3) Business Days, Landlord Landlord’s approval shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretogranted.
Appears in 1 contract
Final Working Drawings. Upon Landlord's approval of the After a Final Space PlanPlan has been approved by Landlord and Tenant, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable portion of the Premises, and cause the final architectural Architect to 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 for the applicable Tenant Improvements for such portion of the Premises (collectively, with respect to each particular portion of the Premises, the "Final Working Drawings") ), and shall submit two the same to Landlord for Landlord's approval. Tenant shall supply Landlord with four (24) full size sets copies signed by Tenant of the same and the CAD file such Final Working Drawings for each particular portion of the Final Working Drawing to Landlord Premises for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, advise Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after Landlord's receipt of such written the Final Working Drawings for each particular portion of the Premises if the same is unsatisfactory or incomplete in any respect, or disapproved, in which event Landlord shall include in its notice from Tenantof disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised that the Final Working Drawings are not satisfactory or complete, Tenant shall promptly revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within five (5) business days after Landlord receives such resubmitted Final Working Drawings. Such procedure shall be solely responsible for repeated until the timely preparation and submission to Final Working Drawings are approved. Landlord will notify Tenant concurrently with Landlord's initial review of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all Final Work Drawings whether any new elements of the design Tenant Improvements identified in the Final Working Drawings and not previously shown in the Final Space Plan constitute Specialty Alterations be required to be removed (for avoidance of doubt, Landlord may not specify any item which was identified in the Final Space Plan but not so noted by Landlord during Landlord's review of the Construction Documents (including, without limitation, compliance with law, functionality of design, Final Space Plan unless Landlord reasonably demonstrates that the structural integrity of the design, the configuration of the Building D Expansion Final Space and the placement of Tenant's furniture, appliances and equipmentPlan described such items in insufficient detail to allow Landlord to make a determination as to whether such item was a Specialty Alteration), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Penumbra Inc)
Final Working Drawings. Upon Landlord's approval (or deemed approval) of the Final Space Plan, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable floor or Phase of the Premises, and the final architectural 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 Working Drawings") and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval. Tenant shall supply Landlord with four (4) hard copies signed by Tenant of the Final Working Drawings, which approval and concurrently with Tenant's delivery of such hard copies, Tenant shall not be unreasonably withheld, conditioned or delayedsend to Landlord via electronic mail one (1) pdf electronic copy of such Final Working Drawings. Within Landlord shall advise Tenant within fifteen (15) business days following after Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant Drawings if there is a Design Problem with its approval, disapproval or approval with conditions of respect to such Final Working Drawings (provided however that setting forth in reasonable detail Landlord's reasons for believing a Design Problem exists) otherwise Landlord shall approve such Final Working Drawings within such fifteen (15) business day period shall be extended as needed for structural items)period. Landlord's failure If Landlord fails to respond within such fifteen (15) business day period period, then Tenant shall be deemed have the right to deliver a second notice to Landlord requesting Landlord's disapproval approval of the such Final Working Drawings (which second notice shall include a copy of such Final Working Drawings; provided), however, that after the expiration and if Landlord fails to respond within five (5) business day following Landlord's receipt of such fifteen (15) day period, Tenant may send Landlord written second notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, then Landlord shall be deemed to have approved the applicable Final Working Drawings. In addition, Landlord shall not disapprove any portion of the Final Working Drawings which is logically consistent with either (other than for structural itemsi) if Landlord does not approve the Final Space Plan corresponding to such Final Working Drawings or disapprove of (ii) the Final Working Drawings within five or the Approved Working Drawings for any other similar Improvements for any floor or Phase of the Premises previously approved (5or deemed approved) days after receipt of such written notice from Tenantby Landlord. If Landlord disapproves advises Tenant that a Design Problem exists with respect to any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit cause the applicable Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlordto be revised to correct such Design Problem. Landlord shall respond with its approval or disapproval approve any re-submittal of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, thereof and Landlord's architect and engineers and shall comply with their requirements failure to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant respond within such five (5) business day period shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and deemed to be Landlord's approval of such Final Working Drawings. At the Construction Documents time Landlord gives its approval to any Final Working Drawings, upon specific request by Tenant, Landlord shall notify Tenant in no event relieve Tenant writing of whether any of the responsibility for Improvements set forth in such designFinal Working Drawings are Specialty Improvements. Tenant If Landlord fails to so notify Tenant, then none of the Improvement set forth in such Final Working Drawings shall be solely responsible deemed to be Specialty Improvements for the timely preparation and submission purposes of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related thereto.this Lease. 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT B-21-
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Final Working Drawings. Upon Landlord's approval of After the Final Space PlanPlan has been approved by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and cause the final architectural Architect to 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 for the Tenant Improvements (collectively, the "“Final Working Drawings") ”), and shall submit two the same to Landlord for Landlord’s approval. Tenant shall supply Landlord with four (24) full size sets copies signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the such Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, advise Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after Landlord’s receipt of such the Final Working Drawings for the Premises that the same is unsatisfactory or incomplete, and if unsatisfactory or incomplete, describing what is necessary to make them satisfactory or complete with detail sufficient to enable the Architects and Engineers to make corrections. If Landlord fails to respond to Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings, Tenant shall send to Landlord written notice from Tenant. that Landlord failed to respond within such five (5) business days and this written notice shall contain the following statement: “IF LANDLORD FAILS TO TIMELY RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS AFTER ITS RECEIPT OF THIS NOTICE, THE FINAL WORKING DRAWINGS SHALL BE DEEMED APPROVED UNLESS LANDLORD RESPONDS THAT THE SAME IS UNSATISFACTORY OR INCOMPLETE, DESCRIBING WHAT IS NECESSARY TO MAKE THEM SATISFACTORY OR COMPLETE WITH DETAIL SUFFICIENT TO ENABLE THE ARCHITECTS AND ENGINEERS TO MAKE CORRECTIONS.” If Tenant is so advised within the time provided, Tenant shall be solely responsible for promptly (i) revise the timely preparation Final Working Drawings in accordance with such review and submission any reasonable disapproval of Landlord in connection therewith, and (ii) deliver such revised Final Working Drawings to Landlord of Landlord, and so long as the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct Final Working Drawings reflect the Tenant Work, which Construction Documents shall be subject to approval corrections reasonably requested by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant they shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretodeemed approved.
Appears in 1 contract
Samples: Sova Science District (Conatus Pharmaceuticals Inc.)
Final Working Drawings. Upon Landlord's approval of the Final Space Plan, Tenant Lessor and its architect and engineers shall cause the Architect to complete the architectural and engineering drawings for the Premises, and the . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord County for Landlord's County’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. County shall approve or reasonably disapprove any draft of the Final Working Drawings within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the Final Working Drawings which are consistent with the Final Space Plan, unless County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below and County acknowledges that any delay resulting therefrom shall be a delay caused by County, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function (ii) any disapproval of the balance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Projectreasons for County’s disapproval. Tenant Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (7) business day period shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's deemed to constitute County’s approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such designthereof. Tenant This process shall be solely responsible for repeated until the timely preparation and Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s initial objections to Lessor’s first submission of the Construction Documents Final Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all elements applicable building permits necessary to allow Contractor as that term is defined in Section 4, below, to commence and fully complete the construction of the design Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such Construction Documents and for all costs related theretochange would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Samples: A Lease Agreement
Final Working Drawings. Upon Landlord's approval of the Final Space Plan, Tenant Lessor and its architect and engineers shall cause the Architect to complete the architectural and engineering drawings for the Premises, and the . The final architectural working drawings shall be in a form which is complete to allow subcontractors to bid on the work Work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord County for Landlord's County’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. County shall approve or reasonably disapprove any draft of the Final Working Drawings within seven (7) business days after County’s receipt thereof; provided, however, that (i) County shall not be entitled to disapprove any portion, component or aspect of the Final Working Drawings which are consistent with the Final Space Plan unless (a) County agrees to pay for the additional cost (if any) resulting from such change in the Final Space Plan as part of the over-allowance amount pursuant to Section 2 below, and Landlord's architect (b) County agrees that any such delays caused by such change(s) shall be deemed a delay caused by the County for all purposes of this Work Letter, Schedule 1 attached hereto and engineers the Lease, and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function (ii) any disapproval of the balance Final Working Drawings by County shall be accompanied by a detailed written explanation of the Projectreasons for County’s disapproval. Tenant Failure of County to reasonably disapprove any draft of the Final Working Drawings within said seven (7) business day period shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's deemed to constitute County’s approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such designthereof. Tenant This process shall be solely responsible for repeated until the timely preparation and Final Working Drawings have been approved; it being agreed that County’s right to raise objections (following County’s initial objections to Lessor’s first submission of the Construction Documents Final Working Drawings) shall be limited to (a) the revisions made to the previous submission of the Final Working Drawings in order to address County’s prior objections or changes which are derivative of changes resulting from such prior objections and/or (b) revisions to design elements not previously a part of the Final Working Drawings previously submitted to County. The Final Working Drawings, as approved by Lessor and County, may be referred to herein as the “Approved Working Drawings.” County shall make no changes or modifications to the Final Space Plan or the Approved Working Drawings without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the Substantial Completion of the Work or increase the cost of designing or constructing the Work. Lessor shall promptly submit the Approved Working Drawings to the appropriate municipal authorities for all elements applicable building permits necessary to allow Contractor as that term is defined in Section 3, below, to commence and fully complete the construction of the design Work (the “Permits”). County shall cooperate with Lessor in promptly executing permit applications and performing other ministerial acts reasonably necessary to enable Lessor to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Lessor, provided that Lessor may withhold its consent, in its sole discretion, to any change in the Approved Working Drawings if such Construction Documents and for all costs related theretochange would directly or indirectly delay the Substantial Completion of the Work.
Appears in 1 contract
Samples: A Lease Agreement
Final Working Drawings. Upon Landlord's the approval (or deemed approval) of the Final Space PlanPlan by Landlord and Tenant, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the PremisesPremises and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and the final architectural 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 Working Drawings") and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval . Tenant shall not be unreasonably withheld, conditioned or delayed. Within fifteen supply Landlord with four (154) days following Landlord's receipt hard copies signed by Tenant of the Final Working Drawings, and concurrently with Tenant's delivery of such hard copies, Tenant shall send to Landlord shall provide Tenant with its approval, disapproval or approval with conditions via electronic mail one (1) .pdf electronic copy of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items)Drawings. Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day periodIn addition, Tenant may send Landlord written notice shall have the right to include with its delivery of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the any Final Working Drawings a request to be notified whether the Improvements set forth thereon (other than for structural itemsor any portion thereof) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlordconstitute Specialty Alterations pursuant to Section 3.7. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings advise Tenant within ten (10) business days following Landlord's receipt thereof. Landlord's failure after Tenant’s delivery of the Final Working Drawings pursuant to respond the TCCs of Section 29.18 if there is a Design Problem with respect to such Final Working Drawings otherwise Landlord shall approve or disapprove such Final Working Drawings within such ten (10) business day period shall be deemed Landlord's disapproval of period. If Landlord fails to respond to any request for consent to the resubmitted Final Working Drawings; provided, however, that after the expiration of Drawings within such ten (10) business day period, Tenant may send shall have the right to provide Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord consent, which second notice must state the following in bold and capped font: “THIS IS TENANT’S SECOND NOTICE TO LANDLORD. LANDLORD FAILED TO RESPOND TO TENANT’S FIRST NOTICE REQUESTING CONSENT TO THE FINAL WORKING DRAWINGS IN ACCORDANCE WITH THE TERMS OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS FOLLOWING TENANT’S DELIVERY OF THIS NOTICE PURSUANT TO THE TCCS OF SECTION 29.18 OF THE LEASE, LANDLORD SHALL BE DEEMED TO HAVE CONSENTED TO THE PROPOSED FINAL WORKING DRAWINGS.” If Tenant’s second notice complies with the terms of this Section and Landlord’s failure to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than respond continues for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt its delivery of such written notice from Tenantthe second request for consent pursuant to the TCCs of Section 29.18 of the Lease, the Final Working Drawings delivered to Landlord shall be deemed to have been approved by Landlord. If Tenant is so advised, Tenant shall be solely responsible for revise the timely preparation Final Working Drawings in accordance with such review and submission to any disapproval of Landlord of in connection therewith. In addition, if the final architectural, electrical and mechanical construction drawings, plans and specifications Final Working Drawings or any amendment thereof or supplement thereto shall require alterations in the Base Building (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts as contrasted with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipmentImprovements), and Landlord's approval of the Construction Documents shall if Landlord in no event relieve its sole and exclusive discretion agrees to any such alterations, and notifies Tenant of the responsibility need and cost for such design. alterations, then Tenant shall be solely responsible for pay the timely preparation reasonable and submission of the Construction Documents and for all elements of the design cost of such Construction Documents and for all costs related theretorequired changes in advance upon receipt of notice thereof.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Final Working Drawings. Upon Landlord's approval of On or before the Final Space Plandate set forth in Schedule 1, Tenant shall cause Tenant, the Architect to and the Engineers shall complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "“Final Working Drawings"”) and shall submit two the same to Landlord for Landlord’s approval. Following Landlord’s approval of the applicable Final Space Plan, Tenant, the Architect and the Engineers shall complete (2except to the extent certain construction is being completed on a “design-build” basis) full size sets the Final Working Drawings for the applicable EXHIBIT B phase of the Tenant Improvements in a form which is sufficient to allow contractors to bid on the work and to obtain all applicable permits and shall submit the same to Landlord for Landlord’s approval. The Final Working Drawings may be submitted in one or more stages at one or more times, provided that Tenant shall ultimately supply Landlord with four (4) completed copies signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days following Landlord's receipt of the such Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; providedshall, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after Landlord’s receipt of all of the Final Working Drawings, either (i) approve the Final Working Drawings, (ii) approve the Final Working Drawings subject to specified conditions which must be stated in a reasonably clear and complete manner to be satisfied by Tenant prior to submitting the Approved Working Drawings for permits as set forth in Section 3.4, below of this Tenant Work Letter, to the extent the Final Working Drawings contain a Design Problem, or (iii) disapprove and return the Final Working Drawings to Tenant with requested revisions to the extent the Final Working Drawings contain a Design Problem. If Landlord disapproves the Final Working Drawings, Tenant may resubmit the Final Working Drawings to Landlord at any time, and Landlord shall approve or disapprove the resubmitted Final Working Drawings, based upon the criteria set forth in this Section 3.3, within three (3) business days after Landlord receives such written notice from Tenantresubmitted Final Working Drawings. Tenant Such procedure shall be solely responsible for repeated until the Final Working Drawings are approved. Landlord’s failure to timely preparation and submission respond to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents within any applicable response period referenced herein shall be subject to approval by deemed Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's ’s approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretoFinal Working Drawings.
Appears in 1 contract
Samples: Office Lease (Memec Inc)
Final Working Drawings. Upon Landlord's approval of After the Final Space PlanPlan has been approved by Landlord and Tenant, Tenant shall promptly cause the Architect Design Professionals to complete the and compile a fully coordinated set of architectural and engineering drawings and specifications, as applicable, for the Premises, and Premises incorporating the final architectural working drawings in a form which is complete level of detail (a) necessary for Tenant to allow general contractors and subcontractors to bid on the Tenant Improvement work and to obtain all applicable permits for the Tenant Improvements, (b) necessary for the Tenant Improvements to be constructed in compliance with all applicable Laws, and (c) consistent with plans, drawings and specifications used to construct tenant improvements in a Class A multi-tenant office buildings in the Central Perimeter Market of Atlanta, Georgia (collectively, the "Final Working DrawingsFINAL WORKING DRAWINGS") ), and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval . Landlord shall not be unreasonably withheld, conditioned or delayed. Within fifteen advise Tenant within ten (1510) days following after Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such proposed Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). if, in Landlord's failure to respond within such fifteen reasonable discretion (15) day period shall be deemed Landlord's except as provided below), the same are unsatisfactory or incomplete in any respect. Any notice of disapproval of the Final Working Drawings; provided, however, that after Drawings by Landlord shall include the expiration of such fifteen (15) day period, Tenant may send Landlord written notice reasons for Landlord's disapproval and a description of the expiration of such fifteen (15) day period with a second request for revisions which would be required in order to obtain Landlord's approval. If Landlord fails to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the (in any respect) Tenant's proposed Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves any draft of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by Landlord. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings within said ten (10) business days following Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten and thereafter (10a) business day period, Tenant may send Landlord delivers written notice of the expiration of such ten (10) business day period with a second request for to Landlord to so approve of the resubmitted Final Working Drawings, expressly stating in which case, bold-faced capitalized letters that Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not must either approve or disapprove of the resubmitted Tenant's proposed Final Working Drawings within five (5) business days after receipt of following the date Landlord receives such notice and (b) within said five (5) business day period Landlord does not deliver written notice from Tenant. to Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications its approval or disapproval (called "Construction Documents"in any respect) necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furnitureproposed Final Working Drawings, appliances Landlord shall be deemed to have approved Tenant's proposed Final Working Drawings. If Landlord advises Tenant that the proposed Final Working Drawings are unsatisfactory or incomplete in any respect, Tenant shall promptly (i) revise the Final Working Drawings in accordance with such review and equipmentany disapproval of Landlord in connection therewith, and (ii) deliver such revised Final Working Drawings to Landlord. Notwithstanding anything to the contrary herein, Landlord may withhold its approval of any proposed Final Working Drawings in Landlord's sole and absolute discretion with respect to any aspect of the proposed Final Working Drawings that is inconsistent with the Final Space Plan or that may affect (a) the structural elements or components of the Building, or (b) any mechanical (including HVAC), and Landlord's approval electrical, plumbing, life safety, or sprinkler systems in or serving the Premises or any other part of the Construction Documents shall in no event relieve Tenant Building, (c) the exterior of the responsibility for such design. Tenant shall be solely responsible for Building, or (d) the timely preparation and submission premises of any other tenant or occupant (including Landlord) of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretoBuilding.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Final Working Drawings. Upon Landlord's ’s approval (or deemed approval) of the a Final Space Plan, Tenant shall cause the Architect and the Engineers to complete the architectural and engineering drawings for the applicable Portion of the Premises, and the final architectural 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 Working Drawings"”) and shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's ’s approval, which approval . Tenant shall not be unreasonably withheld, conditioned or delayed. Within fifteen supply Landlord with four (154) days following Landlord's receipt hard copies of the Final Working Drawings, and concurrently with Tenant’s delivery of such hard copies, Tenant shall send to Landlord shall provide Tenant with its approval, disapproval or approval with conditions via electronic mail one (1) .pdf electronic copy of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items)Drawings. Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved not disapprove any portion of the Final Working Drawings which is logically consistent with either (other than for structural itemsi) if Landlord does not approve or disapprove of the Final Space Plan corresponding to such Final Working Drawings, (ii) the Final Working Drawings within five (5) days after receipt of such written notice from Tenant. If Landlord disapproves or the Approved Working Drawings for any draft other Portion of the Final Working Drawings, Landlord's disapproval shall indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Final Working Drawings with the modifications required by Landlord. This process shall continue until the Final Working Drawings are approved by LandlordPremises or (iii) is substantially similar to those improvement depicted on Schedule 2 attached hereto. Landlord shall respond with its approval or disapproval of the resubmitted Final Working Drawings advise Tenant within ten (10) business days following after Landlord's ’s receipt thereof. Landlord's failure to respond within such ten (10) business day period shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings if a Design Problem exists with respect to such Final Working Drawings; provided, howeverotherwise Landlord shall approve such Final Working Drawings. If Landlord fails to timely respond as to whether a Design Problem exists, that after Tenant may deliver to Landlord a second written request for such approval, which written notice must state in bold and all caps, “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE APPROVAL OF THE FINAL WORKING DRAWINGS.” If Landlord fails to advise Tenant whether the expiration of Final Working Drawings a Design Problem exists within such ten three (103) business day period, Tenant may send then Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall will be deemed to have approved of the resubmitted applicable Final Working Drawings. If Landlord advises Tenant that a Design Problem exists with respect to any Final Working Drawings, Tenant shall cause the applicable Final Working Drawings (other than for structural items) if to be revised to correct such Design Problem. Landlord does not shall approve or disapprove any re-submittal of the resubmitted Final Working Drawings within five (5) business days after receipt thereof and Landlord’s failure to respond within such five (5) business day period shall be deemed to be Landlord’s approval of such written notice from Final Working Drawings. At the time Landlord gives its approval to any Final Working Drawings, Landlord shall notify Tenant in writing of whether any of the Tenant Improvements set forth in such Final Working Drawings are Specialty Improvements. If Landlord fails to so notify Tenant. , then none of the Tenant Improvement set forth in such Final Working Drawings shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not deemed to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function Specialty Improvements for purposes of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretothis Lease.
Appears in 1 contract
Samples: Service Agreement (Twilio Inc)
Final Working Drawings. Upon Landlord's approval of After approving the Final Space Plan, Tenant shall cause the Architect and the Engineers to complete prepare and deliver to Landlord the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (collectively, the "Final Working Drawings") ), and that conform to the approved Final Space Plan. Such preparation and delivery shall submit two (2) full size sets signed by Tenant of the same and the CAD file of the Final Working Drawing to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Within occur within fifteen (15) business days following after Landlord's approval of the Final Space Plan. Landlord shall approve or disapprove the Final Working Drawings by notice to Tenant within ten (10) business days after Landlord's receipt of the Final Working Drawings, Landlord shall provide Tenant with its approval, disapproval or approval with conditions of such Final Working Drawings (provided however that such fifteen (15) day period shall be extended as needed for structural items). Landlord's failure to respond within such fifteen (15) day period shall be deemed Landlord's disapproval of the Final Working Drawings; provided, however, that after the expiration of such fifteen (15) day period, Tenant may send Landlord written notice of the expiration of such fifteen (15) day period with a second request for Landlord to so approve of the Final Working Drawings, in which case, Landlord shall be deemed to have approved of the Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the Final Working Drawings within five (5) days after receipt of such written notice from Tenantsame. If Landlord disapproves any draft of the Final Working Drawings, Landlord's notice of disapproval shall indicate specify any revisions Landlord desires in the reasonable Final Working Drawings. If Landlord timely and reasonably disapproves the Final Work Drawings in accordance with this Section 3.3, Tenant shall cause the Architect and/or the Engineers to revise the Final Working Drawings, taking into account the reasons for such Landlord’s disapproval and (provided, however, that Tenant shall not be required to cause the Architect or the Engineers to make any revision to the Final Working Drawings that is inconsistent with the Approved Working Drawings or that Tenant otherwise reasonably disapproves), and resubmit the Final Working Drawings to Landlord for its approval. Such revision and resubmission shall occur within ten (10) business days after Tenant's receipt of Landlord’s timely notice of disapproval if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than fifteen (15) business days after such receipt by Tenant) if such revision is material. Notwithstanding the generality of the foregoing, Landlord may not disapprove of any Final Working Drawings proposed by Tenant unless the proposed Tenant Improvements would cause a Design Problem. Such procedure shall be repeated as necessary until Landlord has approved the Final Working Drawings. Tenant shall have the right to value-engineer the design of the Tenant Improvements in Tenant’s reasonable discretion as part of the process of negotiating the cost of construction of the Tenant Improvements with the modifications required Bidding Contractors. Landlord acknowledges that Tenant's value engineering efforts may result in additional revisions to the Final Working Drawings, and as long as such revisions do not cause a Design Problem, the Final Working Drawings shall be modified by Landlord. This the Architect to incorporate such requested changes, in accordance with the process shall continue set forth in this Section 3.3 until the Final Working Drawings are in a form which is complete for incorporation into the Construction Contract as the basis of the contract sum payable to the Contractor in accordance with Section 4.3.2 below; provided that Landlord's approval of the Final Working Drawings incorporating any Tenant-requested value-engineering changes shall not be withheld except in the case of a Design Problem. The Final Working Drawings approved by LandlordLandlord and Tenant (as modified in accordance with Section 3.4, below, in order for the appropriate municipal authorities to issue the Permits) are referred to in this Work Letter as the “Approved Working Drawings”. Without limiting the foregoing, if Landlord shall respond with its approval fails to timely approve or disapproval of reasonably disapprove the resubmitted Final Working Drawings within ten (10) business days day following their submission by Tenant for Landlord's receipt thereof. Landlord's failure to respond within such ten (10) business day period approval, the terms of Section 3.7, below, shall be deemed Landlord's disapproval of the resubmitted Final Working Drawings; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second request for Landlord to so approve of the resubmitted Final Working Drawings, in which case, Landlord shall be deemed to have approved of the resubmitted Final Working Drawings (other than for structural items) if Landlord does not approve or disapprove of the resubmitted Final Working Drawings within five (5) business days after receipt of such written notice from Tenant. Tenant shall be solely responsible for the timely preparation and submission to Landlord of the final architectural, electrical and mechanical construction drawings, plans and specifications (called "Construction Documents") necessary to construct the Tenant Work, which Construction Documents shall be subject to approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Project. Tenant shall be responsible for all elements of the design of the Construction Documents (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Building D Expansion Space and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of the Construction Documents shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of the Construction Documents and for all elements of the design of such Construction Documents and for all costs related theretoapplicable.
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Samples: Sorrento Summit (Nuvasive Inc)