Common use of LANDLORD'S PLANS Clause in Contracts

LANDLORD'S PLANS. Landlord has, or shall, provide Tenant with preliminary drawings, specifications and information for the Base Building (which may include other portions of the Project) prior to final approval by applicable governmental entities. When they have been fully and finally approved by all applicable governmental entities, Landlord shall provide Tenant with such approved drawings, specifications and information for the Base Building (as so approved, the "Landlord's Plans") to the extent reasonably necessary for the preparation of Tenant's plans and specifications for the Tenant Improvements. Landlord's Plans may include other portions of the Project that are located outside the building envelope for the Building, and the inclusion of such other portions of the Project shall not cause such portions to be included in the definition of "Base Building" hereunder . Landlord's Plans shall be substantially in accordance with Base Building Architectural Drawings, together with and including the specifications described for the Base Building in Paragraph 2(a), but shall specifically exclude the items noted in Paragraph 2(b) as specific exclusions from the Base Building. Landlord shall have the right to change Landlord's Plans after submission to Tenant as needed to satisfy any requirements of the City of Sunnyvale, the DDA, the Parking REA or Legal Requirements, provided that any changes to Landlord's Plans after submission to Tenant that are made for reasons other than the satisfaction of requirements of the City of Sunnyvale, the DDA, the Parking REA or Legal Requirements (the foregoing changes, "Discretionary Changes") shall be subject to Tenant's prior approval, which shall not be unreasonably withheld, conditioned or delayed, and failure of Tenant to respond to Landlord's request for approval within five (5) business days after receipt of written notice from Landlord shall be deemed approval of the Discretionary Changes described in such notice. In addition, with respect to any material Discretionary Changes that occur after Landlord's final approval of Tenant's Plans pursuant to Paragraph 5(a), within ten (10) days after Tenant's receipt of Landlord's request for Tenant's consent to such Discretionary Change, Tenant shall provide to Landlord an itemized estimate of such incremental cost increase resulting from any Discretionary Change prepared by Tenant's Contractor or architect for the Tenant Improvements, as applicable, and if Landlord makes the Discretionary Change after receipt of such cost estimate, the incremental cost incurred by Tenant with respect to the design and/or construction of the Warm Shell Improvements and/or the Tenant Improvements as a direct result of such Discretionary Change shall be paid by Landlord to Tenant within twenty (20) days of receipt of invoices therefor.

LANDLORD'S PLANS. Landlord has, or shall, provide Tenant with preliminary drawings, specifications Landlord’s Work shall be completed in two phases: (i) the first phase shall include approximately 50,000 rentable square feet (“Phase One”); and information for (ii) the Base Building second phase shall include the remaining approximately 17,747 rentable square feet (which may include other portions “Phase Two”). No later than thirty (30) days after the date of the Project) prior to final approval by applicable governmental entities. When they have been fully and finally approved by all applicable governmental entitiesthis Lease, Landlord shall provide Tenant with such approved drawings, cause Xxxxxxxx Xxxxxx Architects (the “Architect”) to prepare and submit to Landlord construction drawings and specifications and information (“Construction Plans”) for the Base Building (as so approved, the "Landlord's Plans") to the extent reasonably necessary for the preparation of Tenant's plans and specifications for the Tenant Improvements. Landlord's Plans may include other portions buildout of the Project that are located outside the building envelope for the Building, and the inclusion of such other portions of the Project shall not cause such portions to be included in the definition of "Base Building" hereunder . Premises (“Landlord's Plans shall be substantially ’s Work”) in accordance with Base the Phase One floor plans attached hereto as Exhibit B (the “Phase One Floor Plans”) and based on the Building Architectural DrawingsStandards attached hereto as Exhibit B-1. During the Term of the Lease, Tenant may request that Landlord provide Construction Plans for the Landlord’s Work in accordance with the Phase Two plans attached hereto as Exhibit C (the “Phase Two Floor Plans”; the Phase One Floor Plans together with and including the specifications described for the Base Building in Paragraph 2(a), but shall specifically exclude the items noted in Paragraph 2(b) as specific exclusions from the Base Building. Landlord shall have the right to change Landlord's Plans after submission to Tenant as needed to satisfy any requirements of the City of SunnyvalePhase Two Floor Plans, the DDA“Floor Plans”). With regard to both Phase One and Phase Two, the Parking REA or Legal Requirements, provided that any changes to Landlord's Construction Plans after submission to Tenant that are made for reasons other than the satisfaction of requirements of the City of Sunnyvale, the DDA, the Parking REA or Legal Requirements (the foregoing changes, "Discretionary Changes") shall be subject to Tenant's prior ’s approval, not to be unreasonably withheld, conditioned or delayed so long as the same is consistent with the Phase One Floor Plans and Phase Two Floor Plans, as applicable. Tenant shall provide its written approval, or written denial together with specifications of all reasonable changes which would result in approval, within ten (10) business days of its receipt of the Construction Plans, failing which such Construction Plans shall be deemed approved by Tenant. In the event that Tenant timely submits its reasonably requested changes to the Construction Plans in accordance with the Floor Plans and Landlord approves of such changes, Landlord shall cause the Architect to make such changes and shall submit such revised Construction Plans to Tenant for its approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall provide its written approval, and failure or written denial together with specifications of Tenant to respond to Landlord's request for approval all reasonable changes which would result in approval, within five three (53) business days after of its receipt of written notice from Landlord the revised Construction Plans, failing which such revised Construction Plans shall be deemed approval approved by Tenant. The foregoing process shall be repeated until the construction drawings have been approved (or deemed approved) by Tenant. The Construction Plans as approved or deemed approved by the parties are hereinafter referred to as the “Approved Construction Plans”. Notwithstanding anything to the contrary contained herein, the parties hereby agree that Landlord, as part of Phase One of Landlord’s Work, shall complete the restroom renovations on the third (3rd) floor. The design of such bathrooms shall be similar to that completed on the first (1st) floor of the Discretionary Changes described in such notice. In additionBuilding, with respect to any material Discretionary Changes that occur after Landlord's final approval the exception of Tenant's adding hands free faucets, paper towel and soap dispensers. The design will not be included on the Phase One Floor Plans pursuant to Paragraph 5(a)nor the Exhibit B-1 Building Standards, within ten (10) days after Tenant's receipt but shall be completed as part of Phase One of Landlord's request for Tenant's consent to such Discretionary Change, Tenant shall provide to Landlord an itemized estimate of such incremental cost increase resulting from any Discretionary Change prepared by Tenant's Contractor or architect for the Tenant Improvements, as applicable, and if Landlord makes the Discretionary Change after receipt of such cost estimate, the incremental cost incurred by Tenant with respect to the design and/or construction of the Warm Shell Improvements and/or the Tenant Improvements as a direct result of such Discretionary Change shall be paid by Landlord to Tenant within twenty (20) days of receipt of invoices therefor’s Work.

LANDLORD'S PLANS. Landlord has, or shall, provide Tenant with preliminary drawings, specifications and information for Exhibit A-1 designates the Base Building (which may include other portions proposed location of the Project) prior to final approval by applicable governmental entitiesPremises in the Building and the Common Area serving the Premises. When they have been fully and finally approved by all applicable governmental entities, Landlord shall provide Tenant with such approved drawings, specifications and information for Exhibit A-2 designates the Base Building (as so approved, the "Landlord's Plans") to the extent reasonably necessary for the preparation of Tenant's plans and specifications for the Tenant Improvements. Landlord's Plans may include other portions proposed layout of the Project that are located outside Premises. The location of the building envelope for Premises in the Building, and the inclusion of such other portions shape of the Project shall not cause such portions to be included Premises, the location of the Building in the definition Shopping Center, the design and layout of "Base Building" hereunder . the Common Area and Landlord's Plans shall be substantially in accordance with Base Building Architectural Drawings, together with and including the specifications described for the Base Building in Paragraph 2(a), but shall specifically exclude the items noted in Paragraph 2(b) as specific exclusions from the Base Building. Landlord shall have the right to change Landlord's Plans after submission to Tenant as needed to satisfy any requirements of the City of Sunnyvale, the DDA, the Parking REA or Legal Requirements, provided that any changes to Landlord's Plans after submission to Tenant that are made for reasons other than the satisfaction of requirements of the City of Sunnyvale, the DDA, the Parking REA or Legal Requirements (the foregoing changes, "Discretionary Changes") Work shall be subject to such changes as Landlord's architects or contractors find to be desirable or as Landlord may reasonably determine to be in the best interests of the Shopping Center and its tenants and customers, subject to Tenant's prior approval, which written approval relating to Initial Construction. Such approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right under this Article 8 to modify, upon written notice to Tenant, Exhibits A-1 and A-2 and/or Landlord's Work to reflect any changes therein on account of the foregoing, and failure of Tenant to respond to no changes in Exhibits A-1 or A-2 or Landlord's request for approval within five (5) business days after receipt of written notice from Work shall invalidate or affect this Lease. Notwithstanding the foregoing, however, Landlord shall be deemed approval of the Discretionary Changes described in such notice. In addition, with respect obtain Tenant's prior written consent to any material Discretionary Changes that occur after Landlord's final approval change in the (i) design of the Premises or (ii) the total area of the Premises which would materially and adversely affect the conduct of Tenant's Plans pursuant business in the Premises. If Landlord fails for any reason to Paragraph 5(a), within ten (10) days after Tenant's receipt of Landlord's request for obtain Tenant's consent to such Discretionary Changechanges made by Landlord, Tenant shall provide to Landlord an itemized estimate of such incremental cost increase resulting from any Discretionary Change prepared by then Tenant's Contractor or architect for the Tenant Improvements, as applicable, sole remedy shall be to terminate this Lease and if recover from Landlord makes the Discretionary Change after receipt of such cost estimate, the incremental cost those reasonable out-of-pocket expenses incurred by Tenant with respect in preparing to occupy the design and/or Premises, and Tenant waives all other rights and remedies. Commencement by Tenant of construction of Tenant's Work in the Warm Shell Improvements and/or the Tenant Improvements as a direct result of such Discretionary Change Premises shall be paid by Landlord constitute Tenant's acknowledgment that it consents to Tenant within twenty any material change for which Tenant's consent is required under clauses (20i) days of receipt of invoices therefor.and

LANDLORD'S PLANS. Landlord has, or shall, provide (a) Tenant with preliminary drawings, specifications and information for has approved the Base Building (which may include other portions of the Project) prior to final approval by applicable governmental entities. When they have been fully and finally approved by all applicable governmental entities, Landlord shall provide Tenant with such approved drawings, specifications and information for the Base Building (as so approved, the "Landlord's Plans") to the extent reasonably necessary for the preparation of Tenant's plans and specifications for Landlord’s Work described on Schedule 2 hereto (“Landlord’s Plans”). (b) Subject to the Tenant Improvements. Landlord's Plans may include other portions provisions of the Project that are located outside the building envelope for the Buildingthis Xxxxxxxxx 0, and the inclusion of such other portions of the Project shall not cause such portions to be included in the definition of "Base Building" hereunder . Landlord's Plans shall be substantially in accordance with Base Building Architectural Drawings, together with and including the specifications described for the Base Building in Paragraph 2(a), but shall specifically exclude the items noted in Paragraph 2(b) as specific exclusions from the Base Building. Landlord Xxxxxxxx shall have the right to change Landlord's ’s Plans from time to time (whether before or after submission commencement of construction of Landlord’s Work), including changes which would alter the scope of Landlord’s Work. Landlord shall use commercially reasonable efforts to (i) keep Tenant as needed informed of such changes, and (ii) minimize the impact, if any, which any such changes will have on the quality of Landlord’s Work. Tenant shall have no right to approve, and Landlord shall not be required to seek Tenant’s approval, of any changes to Landlord’s Plans which are being made to satisfy any requirements of the City of Sunnyvale, the DDA, the Parking REA Mountain View or Legal Requirements, provided that any other applicable authority. Other than changes to Landlord's ’s Plans after submission described in the immediately preceding sentence: (i) Landlord shall not make any change to Tenant that are made for reasons other than Landlord’s Plans which would alter the satisfaction scope of requirements of the City of SunnyvaleLandlord’s Work described in Paragraphs 2(a)(i) through 2(a)(xvi), the DDAinclusive, the Parking REA or Legal Requirements (the foregoing changes, "Discretionary Changes") shall be subject to unless it has first obtained Tenant's prior ’s written approval, which approval may be given or withheld in Tenant’s sole discretion; and (ii) Landlord shall not make any change to Landlord’s Plans which would materially change (A) the footprint of the Building(s) or the configuration of any floorplate thereof, (B) the appearance of the exterior of the Building(s), (C) any major building systems including the HVAC systems, (D) the roof structure, (E) the load capacity, or (F) the amount of Tenant’s parking, without Tenant’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Other than changes to Landlord’s Plans described in the immediately preceding sentence, Tenant shall have no right to approve any change to Landlord’s Plans. Any change to Landlord’s Plans requiring Tenant’s review and approval is referred to herein as a “Proposed Revision to Landlord’s Plans”). Tenant must notify Landlord in writing of its approval or disapproval of any Proposed Revision to Landlord’s Plans within two (2) Business Days following delivery of such Proposed Revision to Landlord’s Plans to Tenant, unless such Proposed Revision to Landlord’s Plans includes new detailed mechanical, electrical or plumbing drawings or substantial revisions thereto, in which case, Tenant shall have ten (10) Business Days to notify Landlord in writing of its approval or disapproval. Any written notice containing Tenant’s disapproval shall also include the specific reasons for disapproval. If Tenant fails to notify Landlord of any approval or disapproval within the applicable time period provided above, and if such failure continues for three (3) Business Days following a second notice from Landlord given following the expiration of the applicable time period (which notice must contain the caption “NOTICE OF DEEMED APPROVAL OF PROPOSED REVISION TO LANDLORD’S PLANS” in bold face, 12-point type), then Tenant shall be deemed to respond have approved the Proposed Revision to Landlord's request for approval ’s Plans. (c) If Tenant timely notifies Landlord of its disapproval of any Proposed Revision to Landlord’s Plans, Landlord and Tenant shall attempt to resolve the dispute within five (5) business days Business Days after receipt of written Tenant’s notice from to Landlord. With respect to any Proposed Revision to Landlord’s Plans that Tenant is required to be reasonable in approving as set forth above, if the parties are unable to resolve the dispute within such three (3) Business Day period, the parties agree to designate an architect who has at least ten (10) years experience immediately prior to the date in question in the Mountain View, California area in designing buildings and projects similar to the Building and Project but who has not been engaged by either Landlord or Tenant during such 10-year period (“Selected Architect”) and shall be deemed approval of ask the Discretionary Changes described in such notice. In addition, Selected Architect to resolve the dispute with respect to any material Discretionary Changes that occur after Landlord's final approval of Tenant's Plans pursuant to Paragraph 5(a), the applicable plans and specifications within ten (10) days Business Days after Tenant's receipt his/her designation. The Selected Architect shall deliver written notice of Landlord's request for Tenant's consent to such Discretionary Change, Tenant shall provide resolution concurrently to Landlord an itemized estimate of and Tenant. If the parties are unable to agree on the Selected Architect within such incremental cost increase resulting from any Discretionary Change prepared by Tenant's Contractor or architect for the Tenant Improvements, as applicable, and if Landlord makes the Discretionary Change after receipt of such cost estimatefive (5) business day period, the incremental cost incurred by Tenant with respect parties hereby agree to promptly submit a request to the design and/or construction local chapter of the Warm Shell Improvements and/or American Institute of Architects (“AIA”) for designation of the Tenant Improvements as a direct result Selected Architect. Resolution of such Discretionary Change the dispute by the Selected Architect (and the designation of any Selected Architect by the AIA, if necessary) shall be paid by final and binding upon both Landlord and Tenant and shall be treated in the same manner as an arbitration award pursuant to Tenant within twenty Section 37 of the Lease. (20) days of receipt of invoices thereforThe foregoing dispute resolution process is referred to herein as the “Selected Architect Dispute Resolution Process”.)