of the Lease. Such Construction Documents shall substantially conform to the lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 2 contracts

Samples: Office Lease (Storagenetworks Inc), Office Lease (Storagenetworks Inc)

of the Lease. ~~Such Construction Documents shall substantially conform~~ Therefore, notwithstanding any Sublease provision to the ~~lay-out plan attached~~ contrary, Subtenant covenants to pay directly to Landlord without abatement, deduction, offset, prior notice or demand by Landlord all rent and other amounts payable to Tenant under the Sublease in lawful money of the United States at the address set forth above for Landlord or at such other place as ~~Exhibit H.~~ Landlord may designate to Subtenant in writing, on or before the date due. To the extent of all rent and other amounts actually paid by Subtenant and received by Landlord, Tenant shall ~~provide either~~ receive credit under the Lease against current amounts then payable by Tenant to Landlord under the Lease, and Subtenant shall receive credit under the Sublease for those amounts; provided, however, that the receipt by Landlord of any rent or other amounts from Subtenant shall not be deemed or construed as releasing Tenant from Tenant’s obligations under the Lease (iexcept to the extent of such amounts actually received by Landlord) ~~CAD drawings~~ or the acceptance of Subtenant as a direct tenant; provided further, however, that if the rent actually received by Landlord from Subtenant under the Sublease exceeds the rent payable by Tenant under the Lease, Landlord shall promptly remit fifty percent (ii50%) ~~one reproducible sepia set~~ of such excess to Tenant in accordance with and ~~12 prints~~ subject to Paragraph 10.3 of the ~~Construction Documents. Tenant's Construction Documents or changes thereto~~ Lease (meaning that such excess shall be ~~deemed approved~~ calculated after reimbursing Tenant for reasonable advertising expenses, brokerage commissions, tenant improvement costs and attorneys’ fees actually incurred by Tenant and payable to non-affiliated third parties in connection with such assignment or subleasing, all of which must be amortized over the applicable assignment or sublease term). Landlord shall give Tenant prompt written notice if Subtenant fails to pay any monthly rent to Landlord ~~does not notify~~ when due under this Agreement, and no late charge or default interest shall be payable by Tenant ~~otherwise~~ on such monthly rent payable by Subtenant in such event if Tenant cures such failure within ~~ten~~ three (103) business days after ~~submission~~ the receipt of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than such notice from Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 2 contracts

Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

of the Lease. ~~Such Construction Documents~~ For all purposes of this Sublease, the calculation of usable square feet contained within the Subleased Premises and the Building shall ~~substantially~~ be subject to final measurement and verification by Landlord’s licensed architect, at Landlord’s sole cost and expense, according to ANSI/BOMA Standard Z65.1-2010 (or any successor standard), and the rentable square feet contained within the Subleased Premises and the Building shall be the quotient of the usable square feet so calculated divided by .85, which measurement and verification may, at Subtenant’s option and at Subtenant’s sole cost and expense, be confirmed by Subtenant’s licensed architect. (The immediately preceding sentence shall be the sole and exclusive method used for the measurement and calculation of usable and rentable square feet under this Sublease for the Subleased Premises and the Building.) On request of Subtenant, Landlord shall provide Subtenant with a copy of Landlord’s architect’s verification and certification as to the actual usable and rentable square feet of the Subleased Premises prior to the Sublease Commencement Date. In the event of a variation between the square footage set forth above in this definition and the square footage set forth in such verification and certification, the Parties shall amend this Sublease accordingly to conform to the ~~lay-out plan attached as Exhibit H. Tenant~~ square footage set forth in such verification and certification, amending each provision that is based on usable or rentable square feet, including, without limitation, Sublease Basic Monthly Rent, Sublease Security Deposit, Subtenant’s Parking Stall Allocation, Subtenant’s Percentage of Operating Expenses and TI Allowance, and shall ~~provide either (i) CAD drawings~~ appropriately reconcile any payments already made pursuant to those provisions; provided, that if Landlord’s architect and Subtenant’s architect disagree on the amount of usable or ~~(ii) one reproducible sepia set~~ rentable square feet within the Subleased Premises and ~~12 prints of~~ the ~~Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does~~ Building, and such disagreement is not ~~notify Tenant otherwise~~ resolved within ten (10) business days after ~~submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof~~such measurement and verification is completed by Landlord’s architect, ~~Tenant~~ such disagreement shall ~~retain Tenant's Architect (as defined herein) for the Finish Work. If~~ be resolved by an independent, licensed architect ~~other than Landlord's architect is~~ mutually selected by ~~Tenant~~Landlord and Subtenant, ~~Tenant shall provide a letter from such~~ acting reasonably, the cost of which architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be ~~solely responsible for~~ shared equally by the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periodsParties.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 2 contracts

Samples: Sublease (Vivint Solar, Inc.), Sublease (Vivint Solar, Inc.)

of the Lease. ~~Such Construction Documents shall substantially conform~~ The plans and specifications for the design and construction of the Equity Space Tenant Improvements are subject to the ~~lay-out plan attached~~ prior review and approval of Landlord. Lankxxxx & Associates, Inc. shall act as ~~Exhibit H.~~ the authorized agent and representative of Landlord in connection with the granting of all approvals required to be given by Landlord of the Equity Space Tenant Improvements on behalf of Landlord. Gary Xxxxxxxxxx xxxll act as the designated representative of Lankxxxx & Xssociates, Inc., and any agent or representative as may be designated, assigned and referenced by written notice to Landlord from Tenant shall ~~provide either~~ act as the designated representative of Tenant. (b) Tenant shall be responsible for, and shall pay when due, whether incurred before, on, or after the effective date of this Fourth Amendment, any fees or other compensation payable to Aspen, the contractors, suppliers and consultants providing services and materials relating to the design and construction of the Equity Space Tenant Improvements. (c) Tenant shall be responsible for applying for all municipal, state and federal permits and authorizations (collectively "Approvals"), required to install the Equity Space Tenant Improvements. (d) Tenant shall, at Tenant's expense maintain or cause, in the case of any contractors or subcontractors, to be maintained in force and effect on the Project at all times during the construction of the Equity Space Tenant Improvements: all risk builder's risk insurance in an amount equal to one hundred percent (100%) of the replacement cost of the Equity Space Tenant Improvements, providing all risk coverage on the Equity Space Tenant Improvements and materials stored on the Property and elsewhere and including the perils of collapse, water damage, business interruption, boiler/machinery coverage, permission to occupy, interest costs and other risks typically insured under such type of policy; and commercial, general liability for Tenant and Tenant's contractors and subcontractors including blanket contractual liability, products and completed operations, personal injury (including employees), independent contractors, explosion, collapse, and other risks typically insured under such type of policy. (e) Landlord shall contribute an amount equal to twenty-two dollars and eleven cents ($22.11) per Rentable Square Foot, less two thousand three hundred fifty dollars ($2,350.00) previously paid for the existing door and demising walls ("Equity Space Allowance"), toward the cost to construct the Equity Space Tenant Improvements. Tenant shall be entitled to receive payment of the Equity Space Allowance in accordance with the following terms and conditions: (i) ~~CAD drawings or~~ Upon completion of the Equity Space Tenant Improvements, Tenant shall submit a written application to Landlord for payment of the Equity Space Allowance specifying by name and amount the parties to whom Tenant is currently obligated for labor and materials in place and directly related to the construction of the Equity Space Tenant Improvements accompanied by such schedules, affidavits, leases, waivers, statements, invoices, bills, and other documents as Landlord may reasonably request ("Application for Allowance"). (ii) ~~one reproducible sepia set~~ The Application for Allowance shall be accompanied by: (A) A direct construction cost breakdown and ~~12 prints~~ request for payment in form of the ~~Construction Documents. Tenant's Construction Documents or changes thereto shall~~ Application and Certificate for Payment (AIA document G702 and G703), currently dated and executed by the general contractor and architect. (B) Such other invoices, receipts, bills, bills of sales, and statements as may be ~~deemed approved if~~ reasonably required by the Landlord ~~does not notify Tenant otherwise within ten (10) business days after submission~~ to substantiate the amount requested and the appropriateness of the ~~complete Construction Documents~~ Application for Allowance; (C) Unconditional waiver of liens from each contractor and subcontractor who has done work or furnished materials for construction of the ~~complete change order~~ Equity Space Tenant Improvements in form satisfactory to Landlord; (D) A waiver of lien from any general contractor for all work, materials and services covered by the Application for Allowance conditioned only upon payment of the Application for Allowance in a form satisfactory to Landlord; (E) Evidence that any required inspections and approvals by any governmental authority or other political subdivision, agency, or instrumentality exercising jurisdiction over the Project have been satisfactorily completed or granted as the case may be~~. Within thirty~~ . (30iii) ~~days after the date hereof, Tenant~~ Under no circumstances shall ~~retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to~~ Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required to make payment of an item on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the ~~Construction Documents. The Construction Documents shall~~ Application for Allowance if Landlord believes that: the work has not ~~be deemed to have~~ been ~~submitted by Tenant unless and until they are~~ completed; the work has not been completed in a ~~form in which they are thereafter approved by Landlord. If~~ workmanlike manner; the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except work has not been completed in accordance with ~~complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if~~ the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical plans and ~~structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions~~ specifications as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to ~~Landlord~~ and approved by Landlord; or any of the terms, ~~provided that Landlord's approval is not~~ conditions or approvals required ~~for minor adjustments in~~ under the ~~Construction Documents that are cosmetic in nature and do not affect the Building structure~~ Lease, or the ~~Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans~~Amendments have not been complied with.

Appears in 1 contract

Samples: Lease (Crown Media Holdings Inc)

of the Lease. ~~Such Construction Documents shall substantially conform to~~ In the ~~lay-out plan attached~~ event the initial Lease Term is extended as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereofprovided in this paragraph, Tenant ~~shall retain Tenant's Architect (as defined herein) for~~ shall, upon request of Landlord, evidence any such extension through the ~~Finish Work. If an architect other than Landlord's architect is selected~~ execution of a lease amendment to be provided by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The ~~Construction Documents shall provide for the uniform exterior appearance of the Building Tenant~~ extension shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same ~~to be corrected~~ terms, covenants and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall conditions as set forth in ~~detail~~ this Lease; provided that, the ~~requirements~~ monthly Base Rent during the extension period shall be the fair market rental rate. Fair market rental rate ("Fair Market Rental Rate") shall mean the rental rate then in effect for ~~construction~~ comparable Class "A" office properties in the Kirkland / I-405 Corridor office market, of comparable size, quality and location, at the commencement of the ~~Tenant Work (including all architectural~~extension period, ~~mechanical~~giving appropriate consideration to annual rental rates per rentable square foot, ~~electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in~~ the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components type of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building escalation clause (including, without limitation, ~~exterior walls~~operating expenses, ~~exterior windows, core walls, columns, roofs or floor slabs~~real estate taxes), the extent of liability under the escalation clauses (~~iii~~e.g. whether determined on a "net lease basis" or by increase over a particular base year or base dollar amount), abatement provisions reflecting free rent and/or no rent during a certain period, brokerage commissions, if any, length of lease term, size and location of premises being leased, building standard work letter and/or tenant improvement allowances, if any, and any other tenant concessions then being offered in the marketplace. If the parties cannot agree on the Fair Market Rental Rate within thirty (30) ~~shall in all respects be compatible with the mechanical, electrical and structural components and systems~~ calendar days of receipt by Landlord of the ~~Building~~notice of intent to exercise the option to extend, Landlord shall, no more than fifteen (iv15) calendar days thereafter, select an independent M.A.I. real estate appraiser or real estate broker (certified in the State of Washington) with at least ten (10) years experience in the Puget Sound, Washington commercial real estate market, who shall ~~not affect any space or area in or around the Building other than the Premises (including the exterior~~ prepare a written market report of the ~~Building~~Fair Market Rental Rate using the assumptions described in this paragraph. The market report shall be completed and delivered to Tenant and Landlord within fifteen (15) ~~except~~ calendar days from the date Landlord selects the appraiser/broker. Such appraiser/broker's determination of Fair Market Rental Rate shall be determinative unless Tenant disputes it as ~~expressly permitted~~ provided in ~~Articles XII~~the next sentence. If Tenant disputes such determination, ~~XIII~~Tenant shall within fifteen (15) calendar days following delivery of the market report, deliver to Landlord written notice (a) that Tenant disputes such determination, and ~~XIV and in the Construction Drawings,~~ (vib) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the ~~Tenant Work with laws, regulations, or codes, coordination of any aspect~~ identity of the appraiser/broker selected by Tenant ~~Work with any other aspect~~ meeting the qualifications set forth in this paragraph. The appraiser/broker selected by Tenant shall submit his market report of the ~~Tenant Work or any component or system~~ Fair Market Rental Rate using the assumptions described in this paragraph within fifteen (15) calendar days following the delivery of Tenant's notice to Landlord disputing the ~~Building~~initial market report. If the two market reports are within five percent (5%) of each other (based on the higher number), or the ~~feasibility of constructing the Tenant Work without damage or harm to the Building, all of which~~ Fair Market Rental Rate shall be the ~~sole responsibility~~average of the two appraisers/brokers' determination of fair market rent. If not, then within ten (10) calendar days after the delivery of the second market report, the two appraisers/brokers shall appoint a third appraiser/broker meeting the qualifications set forth in this paragraph, and the third appraiser/broker shall deliver his decision within ten (10) calendar days following his selection and acceptance of the market report assignment. The third appraiser/broker shall be ~~corrected or repaired at the sole cost~~limited in authority to selecting, ~~of Tenant~~ in ~~the event of a breach~~ this opinion, which of the ~~foregoing warranties (it being understood that Landlord shall, except~~ two earlier market report determinations best reflects the Fair Market Rental Rate under the assumptions set forth in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheldthis paragraph. The ~~Construction Documents shall not be modified in any material respect except with Landlord~~third appraiser/broker must choose one of the two earlier determinations, and, upon doing so, the third appraiser/broker's ~~prior written approval; and all modifications to the Construction Documents, whether material or not,~~ determination shall be ~~made only by Finish Work Change Order submitted to Landlord~~ the controlling determination of the Fair Market Rental Rate. Each party shall pay the costs and ~~approved by Landlord~~fees of the appraiser/broker it selected; if a third appraiser/broker is selected, ~~provided that Landlord's approval~~ the party whose determination is not ~~required for minor adjustments in~~ selected to be the ~~Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant~~ Fair Market Rental Rate by said third appraiser/broker shall ~~notify Landlord~~ pay all of said ~~adjustments~~ appraiser/broker's costs and ~~shall provide Landlord with copies of the modified plans~~fees.

Appears in 1 contract

Samples: Lease Agreement (Market Leader, Inc.)

of the Lease. ~~Such Construction Documents shall substantially conform to the lay-out plan attached as Exhibit H.~~ Landlord and Tenant ~~shall provide either (i) CAD drawings or (ii) one reproducible sepia set~~ acknowledge and 12 prints of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating agree that the ~~architect has carefully reviewed~~ Tenant Improvements to be performed in accordance with the ~~requirements of this Lease, of any design manual or handbook provided~~ Working Drawings to ~~Tenant~~ be approved by Landlord ~~with respect~~ pursuant to EXHIBIT C are expected to include the ~~Finish Work, and~~ installation of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers additional HVAC capacity in order to enable ~~them~~ Landlord to ~~complete~~ provide HVAC service to the ~~Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless~~ Premises and ~~until they are in a form in which they are thereafter approved by Landlord. If~~ other premises within the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except Project in accordance with ~~complete~~Project standards. Preliminary engineering indicates that up to 20 additional tons of capacity, ~~consistent~~via either 4 ton or 5 ton individual roof-mounted units or enhancements to the existing cooling plant (either of which will include modifications within the Premises as well), ~~final Construction Drawings approved in advance by Landlord~~may be required. Tenant acknowledges and agrees that, ~~which approval shall not be unreasonably withheld~~ except if and to the ~~Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of~~ extent that the Tenant ~~Work (including~~ Allowance is available to cover the same, Tenant will be required to pay all ~~architectural~~costs, ~~mechanical~~expenses and fees incurred by Landlord in designing, ~~electrical~~ implementing and ~~structural drawings and detailed specifications)~~installing such additional capacity. Notwithstanding the foregoing, shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At at Tenant's request, Landlord ~~shall provide~~has agreed, ~~at Tenant's expense, copies of existing architectural, mechanical, electrical~~ on the terms and ~~structural drawings pertaining~~ subject to the ~~Premises~~conditions set forth herein, to upgrade the HVAC capacity in phases, if, as and when the same becomes necessary, in Landlord's sole opinion. ~~However~~Without in any way limiting Landlord's discretion hereunder, ~~Tenant~~Tenant acknowledges that a variety of factors are pertinent to Landlord's ~~Architect shall ascertain all field dimensions~~ decision in this regard, including without limitation providing a comfortable and ~~conditions~~ healthy temperature and air flow within the Premises and other premises in the Project and eliminating or reducing wear and tear on existing HVAC equipment, systems and/or plants. After completion of Landlord's Work (which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component include implementation of some of the ~~Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs~~additional HVAC capacity referred to herein), Landlord may, in its sole discretion, determine that implementation of additional HVAC capacity or equipment as contemplated herein is necessary or desirable and, if Landlord does so, Landlord will provide to Tenant written notice of its intention to upgrade the HVAC capacity. Within fifteen (~~iii~~15) ~~shall in all respects be compatible with the mechanical~~days after such notice is given, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, ~~from time to time,~~ by written ~~order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject~~ notice to Landlord~~'s approval~~, ~~which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all~~ suggest modifications to the ~~Construction Documents~~Premises and/or Tenant's operations therein which could eliminate or reduce the necessity for additional HVAC capacity. If and to the extent (only) that Landlord, ~~whether material~~ in its sole discretion, accepts Tenant's proposed modifications as a full or ~~not, shall be made only by Finish Work Change Order submitted~~ partial solution to ~~Landlord and approved~~ the problem(s) identified by Landlord, ~~provided that~~ then Tenant shall, within forty-five (45) days from the date Tenant's notice is given to Landlord~~'s approval is not required for minor adjustments~~ , implement the measures identified by Tenant and accepted by Landlord as curative (in ~~the Construction Documents that are cosmetic~~ whole or in ~~nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies~~ part) of the ~~modified plans.~~problem(s)

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

of the Lease. ~~Such Construction Documents shall substantially conform~~ Prior to the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints~~ commencement of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereofconstruction, Tenant shall ~~retain Tenant~~obtain course of construction and builder's ~~Architect (~~"all risk" insurance in such amounts and form as ~~defined herein) for~~ Landlord requires, Liability insurance in the ~~Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that~~ form and amounts required under the ~~architect has carefully reviewed the requirements of this~~ Lease, ~~of any design manual or handbook provided to Tenant by~~ and such performance bonds in form and amounts as Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedulerequires. Tenant shall ~~also retain~~ cause the ~~services~~ construction of ~~the electrical~~ any Special Improvements to be carried out with such materials, equipment, contractors and ~~mechanical engineers engaged by Landlord for the Building,~~ subcontractors as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Buildingselect, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's reasonable approval. Within ten (10) days after the approval of the final Working Plans in accordance with subparagraph (a) above or as soon as is reasonably possible thereafter, ~~which~~ Tenant shall submit to Landlord for its review and approval ~~shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval;~~ (i) copies of all proposed construction contracts between Tenant and all ~~modifications to~~ contractors and between such contractors and all subcontractors for any Special Improvements, together with such background information on such contractors and subcontractors as Landlord may require; (ii) a listing of the ~~Construction Documents~~make, ~~whether material or not~~model, ~~shall be made only by Finish Work Change Order submitted to Landlord~~ type, grade, and ~~approved~~ all other characteristics requested by Landlord, of all materials, equipment and fixtures which Tenant proposes to install in or use in connection with any Special Improvements; and (iii) a budget setting forth in itemized fashion the costs of all materials, equipment, fixtures, contractors, subcontractors, laborers, permits, fees, licenses, and all other costs and expenses Tenant proposes to incur in connection with the construction of any Special Improvements (hereafter collectively any "Special Improvements Costs"). All such matters shall be subject to the approval of Landlord prior to the commencement of construction of any Special Improvements, provided that Landlord shall not unreasonably withhold its approval of any such matters and provided, further, that Landlord's failure to respond in writing to Tenant's request for approval ~~is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems~~of any such matter within five (5) business days shall be deemed to be an approval of such matter. ~~However,~~ Tenant shall ~~notify Landlord~~ have the responsibility to obtain all necessary construction and building permits and licenses necessary for the construction of ~~said adjustments~~ any Special Improvements. Tenant shall cause construction of any Special Improvements in a good and workmanlike manner in strict accordance with the approved Working Plans. All Special Improvements Costs shall be paid for by and shall ~~provide Landlord with copies~~ be the sole responsibility of the ~~modified plans~~Tenant, including without limitation all costs of utilities, services and insurance on the Premises arising out of the construction of the Special Improvements. All construction of the Special Improvements shall be performed and completed lien free, and Tenant hereby indemnifies and agrees to defend and hold Landlord and the Premises free and harmless from any and all claims, losses, damages, actions and causes of action as may be incurred as a result of work performed or materials furnished in connection with construction of the Special Improvements. Landlord shall have the right to post notices of non-responsibility prior to the commencement of construction of the Special Improvements.

Appears in 1 contract

Samples: Sublease Agreement (Arterial Vascular Engineering Inc)

of the Lease. ~~Such Construction Documents~~ If the Allowance has not been fully disbursed as of December 31, 2003, any remaining balance of the Allowance shall ~~substantially conform~~ become the property of Landlord and Tenant shall forever lose any right or claim to such remaining balance, provided that up to $5.00 per square foot of Net Rentable Area of said Allowance may be applied at Tenant's written request to first accruing Base Rental under the Lease as to the ~~lay-out plan attached as Exhibit H.~~ portions of the Remaining Premises located on Floors 24 and 25 of the Building. Notwithstanding anything to the contrary contained herein, in no event shall Landlord be obligated under this Paragraph 9 for an amount in excess of the Allowance. Additionally, upon written notice identifying any delinquencies by Tenant, Landlord shall be permitted to offset against the undisbursed Allowance any amounts past due to Landlord by Tenant under the Lease. The allowances provided for in Section 5.4 of the Lease shall not be payable with respect to the portion of the Remaining Premises located on Floors 24 and 25 of the Building. The Allowance shall be used at Tenant's discretion, which shall include, but not be limited to, the completion of tenant improvements, architectural fees, engineering and construction management fees, voice and data cabling costs, and any relocation costs for the Remaining Premises. In the event the leasehold improvements in or about the Remaining Premises have already been completed by Tenant, Tenant shall ~~provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints of the Construction Documents~~submit all applicable invoices to Landlord for reimbursement. ~~Tenant's Construction Documents or changes thereto~~ Landlord shall ~~be deemed approved if Landlord does not notify~~ reimburse Tenant ~~otherwise~~ within ~~ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within~~ thirty (30) days ~~after~~ of Landlord's receipt of such invoices, together with permits, certificates of occupancy, lien waivers and the ~~date hereof~~other items and information required under Section 5.4.1 of the Lease, ~~Tenant shall retain Tenant's Architect (as defined herein)~~ for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services exact amount of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been invoices submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections up to the ~~mechanical and electrical systems and components~~ maximum allowance of ~~the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies~~ $15.00 per square foot of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents Net Rentable Area (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs$773,565), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Office Space Lease Agreement (FSP Phoenix Tower Corp)

of the Lease. ~~Such Construction Documents shall substantially conform~~ Notwithstanding anything to the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints~~ contrary contained in the Lease, Subtenant agrees that it shall, upon the expiration of the ~~Construction Documents. Tenant's Construction Documents~~ Term or ~~changes thereto~~ earlier termination of this Sublease, remove from the Sublet Premises all of Subtenant’s alterations and improvements that Landlord then requires to be removed, and all equipment installed by Subtenant (including lines and conduit installed in the walls and ceilings), in good and workmanlike fashion, and shall ~~be deemed approved if Landlord does not notify Tenant otherwise within ten~~ restore the Sublet Premises to the condition that existed on the Sublease Commencement Date (10collectively, the “Restoration Work”), in default of which Sublandlord shall do so, in which latter event Subtenant shall reimburse to Sublandlord on demand Subtenant’s Portion (hereinafter defined) ~~business days after submission~~ of the ~~complete Construction Documents or~~ costs incurred by Sublandlord on account of such work. Provided that no Event of Default then exists, Sublandlord shall reimburse to Subtenant Fifty Thousand Dollars ($50,000.00) of the ~~complete change order as~~ documented out-of-pocket cost of the ~~case may be. Within~~ Restoration Work (“Sublandlord’s Contribution”), which sum Sublandlord shall pay to Subtenant within thirty (30) days after receipt from Subtenant of Subtenant’s written request accompanied by evidence reasonably satisfactory to Sublandlord that Subtenant has incurred the ~~date hereof~~sums sought to be reimbursed (such request must be delivered to Sublandlord within 180 days after the Restoration Work is completed, ~~Tenant~~ time being of the essence). All costs of the Restoration Work in excess of such contribution by Sublandlord (“Subtenant’s Portion”) shall ~~retain Tenant's Architect (as defined herein) for~~ be borne solely by Subtenant. It is agreed by the ~~Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating~~ parties that the ~~architect has carefully reviewed the requirements~~ cost of ~~this Lease,~~ purchasing and installation of ~~any design manual or handbook provided to Tenant~~ cubicles by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents Subtenant shall not be ~~deemed to have been submitted by Tenant unless and until they are~~ included in ~~a form in which they are thereafter approved by Landlord. If~~ the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction cost of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periodsRestoration Work.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Sublease Agreement

of the Lease. ~~Such Construction Documents shall substantially conform~~ During the period of occupancy of the Additional Premises by Tenant prior to the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints~~ Additional Premises Commencement Date, all provisions of the ~~Construction Documents~~Lease and this Lease Amendment except the provisions relating to the payment of rent for the Additional Premises shall apply to the extent that said provisions may be made applicable to said period. Tenant's Construction ~~Documents or changes thereto~~ Representative (as defined below) may enter upon the Premises during the progress of Landlord's Work to inspect the progress thereof and to determine if the work is being performed in accordance with the requirements of this Section. Tenant shall promptly give to Landlord notices of any alleged failure by Landlord to comply with those requirements. Landlord's Work shall be deemed approved ~~if Landlord does not notify~~ by Tenant ~~otherwise within ten (10) business days after submission~~ when Tenant commences occupancy of the ~~complete Construction Documents~~ Additional Premises for business purposes except for items of Landlord's Work which are uncompleted or do not conform to Exhibit B and as to which Tenant shall, in either case, have given notice to Landlord by providing a "Punch List" prior to such commencement of occupancy. If Tenant shall not have commenced occupancy of the ~~complete change order as the case may be. Within thirty (30)~~ Premises for business purposes within 30 days after the ~~date hereof~~Additional Premises Commencement Date, ~~Tenant~~ a certificate of completion by a licensed architect or registered engineer shall ~~retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than~~ be conclusive evidence that Landlord's ~~architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect~~ Work has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines been completed except for items stated in ~~any Finish Work design schedule. Tenant shall also retain~~ such certificate to be incomplete or not in conformity with Exhibit B. Each party authorizes the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord other to rely in connection with plans and construction upon approval and other actions on the ~~Building~~party's behalf by any Construction Representative of the party named below or any person hereafter designated in substitution or addition by notice to the party relying. Tenant's Construction Representative shall be Xxxxx Xxxxx and Landlord's Construction Representative shall be Xxxxxxx Xxxxxx. Landlord agrees to correct any defects due to faulty workmanship or materials in Landlord's Work for the Additional Premises, provided Tenant shall have given written notice of such defects to Landlord prior to the first anniversary of the Additional Premises Commencement Date. Except for the Landlord's Work, the Premises are leased to Tenant in "AS IS" and "WHERE IS" condition, without representation or warranty of any kind and Landlord makes no express or implied warranty that the Premises are suitable for the Permitted Uses, for Tenant's intended use of the Premises or for any purpose whatsoever. Without limiting the generality of the foregoing, Tenant ~~shall be solely responsible for the liabilities~~ understands and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees ~~and acknowledges~~ that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periodsLANDLORD HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE WITH RESPECT TO THE PREMISES AND ALL SYSTEMS AND EQUIPMENT THEREIN.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Lease (Peritus Software Services Inc)

of the Lease. ~~Such Construction Documents~~ Landlord has the right to install, supplementary air conditioning units or other facilities in the Premises, including: supplementary or additional metering devices; and the cost j thereof, including the cost of any further installation, j operation and maintenance, increased wear and tear on existing i equipment and other similar charges, shall ~~substantially conform~~ be paid by Tenant' to Landlord upon billing by Landlord, it being agreed and 'understood that notwithstanding anything else to the ~~lay-out plan attached as Exhibit H.~~ contrary set forth herein Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise shall, within ~~ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within~~ thirty (30) days ~~after~~ of Tenant's receipt of an invoice with respect thereto, pay the ~~date hereof~~cost of any electricity required to operate any supplemental air conditioning unit servicing only the Premises, which cost shall be at Landlord's Actual Cost (as defined below) as determined by a submeter but shall not include any administrative charge. If Tenant uses water, or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of the Lease, or if Tenant's consumption of electricity (other than that required for the operation of any supplemental air conditioning unit in the Premises) shall exceed four (4) xxxxx per rentable square foot of the Premises, calculated on an annualized basis for the hours described in Section 6.1.1 above (collectively, "Overstandard Usage"), Tenant shall ~~retain~~ pay to Landlord, within thirty (30) days of receipt of written notice, all out-of-pocket costs actually incurred by Landlord, without xxxx-up for profit but with an administrative charge designed to reimburse Landlord for its actual (or reasonably estimated), administrative costs of providing any such Overstandard Usage (the "Actual Cost(s)") in connection with Landlord providing such Overstandard Usage, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption as such costs are reasonably determined, by Landlord, - and Landlord has the right to install, devices to separately meter any increased use and Tenant shall pay the increased cost directly to Landlord, on demand, including the cost of such additional metering devices. Tenant shall have the right to access and use Landlord's chilled water system for Tenant's ~~Architect~~ supplemental cooling unit(s) twenty-four (~~as defined herein~~24) ~~for the Finish Work~~hours a day, seven (7) days a week; provided, however, that any such access and use shall be at Tenant's sole cost and expense. If ~~an architect~~ Tenant desires to use heat, ventilation or air conditioning ("HVAC") during hours other than ~~Landlord's architect~~ those for which Landlord is ~~selected by Tenant~~obligated to supply such utilities pursuant to the terms of Section 6.1 of the Lease, Tenant shall ~~provide a letter~~ give Landlord such prior notice, as Landlord shall from ~~such architect~~ time to ~~Landlord stating that the architect has carefully reviewed the requirements of this Lease~~time establish as appropriate, of ~~any design manual or handbook provided~~ Tenant's desired use and Landlord shall supply such utilities to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as at Landlord's ~~structural engineer if any portion~~ Actual Cost of ~~Finish Work affects structural components of the Building. Even though~~ such ~~engineers (and architect if Tenant engages~~ Overstandard Usage, which shall include a reasonable administrative fee in an amount equal to or reasonably estimated to~T5e~ Landlord's ~~architect) have been otherwise engaged by Landlord in connection with~~ actual administrative costs of providing such "aft_er-hours" HVAC, it being agreed and understood that if more than ~ohe Mi--fee-nant requires and contracts for any such "after-hours" HVAC the ~~Building, Tenant shall be solely responsible for the liabilities and expenses~~ cost of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time such usage will be ~~required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions~~ appropriately prorated between or among such tenants as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved reasonably determined by Landlord. ~~If the Construction Documents are disapproved~~ Amounts payable by ~~Landlord,~~ Tenant to Landlord ~~shall state specifically the reasons~~ for such ~~disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work~~ use of additional utilities shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, deemed Additional Rent hereunder and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord billed on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plansmonthly basis.

Appears in 1 contract

Samples: Office Lease (Arbinet Thexchange Inc)

of the Lease. ~~Such Construction Documents shall substantially conform~~ If requested so to do by Tenant at the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints~~ time of ~~the Construction Documents.~~ Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) request for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to ~~the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws~~sublease, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, ~~except~~ with respect to each Protected Subtenant, execute and deliver a subordination, non-disturbance and attornment agreement reasonably acceptable to Landlord and Tenant, containing, among other things, provisions to the effect that, if this Lease shall terminate or be terminated for any reason, Landlord will recognize such subtenant as a direct tenant of Landlord on the same terms and conditions as are contained in ~~cases of emergency~~its sublease (each a "Protected Sublease"), ~~refrain from undertaking~~ provided that (i) no default shall have occurred under such sublease and be continuing beyond any ~~such correction or repair of Tenant Work in the Premises if Tenant performs such work within the~~ applicable notice and cure periods., (ii) ~~Tenant may~~such sublease complies with the terms of this Lease in all respects, ~~from~~ (iii) such sublease does not, in Landlord's reasonable judgment, increase Landlord's obligations above those set forth herein or diminish Landlord's rights below those set forth in this Lease, in either event by more than a de minimis amount, (iv) such subtenant shall have a net worth, at the time such sublease is entered into, at least equal to ~~time~~the Protected Subtenant Required Minimum Net Worth, ~~by written order~~ (v) notwithstanding the rents payable under such sublease, effective upon the termination of this Lease, the rents payable under such sublease shall be adjusted to ~~Landlord on a form specified by Landlord~~ equal the greater of (~~"Finish Work Change Order"), request a change~~ x) the total rent per rentable square foot payable under this Lease times the number of rentable square feet contained in the ~~Finish Work shown on~~ related sublet premises plus Escalation Rent calculated in accordance with Article 27, except that the ~~Construction Documents~~number of rentable square feet in the sublet premises shall be used for the purpose of determining "Tenant's Share" or (y) the fixed rent plus additional rent payable in respect of increases in Taxes and Operating Expenses pursuant to such sublease, ~~subject~~ (vi) any right that such subtenant may have to ~~Landlord's approval, which approval~~ require its landlord to construct leasehold improvements or to pay a work allowance shall not be ~~unreasonably withheld. The Construction Documents shall not be modified in~~ binding on Landlord, (vii) any ~~material respect except with Landlord's~~ modification of such sublease without the prior written ~~approval; and all modifications to~~ consent of Landlord shall render void the ~~Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to~~ obligations of Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.under such

Appears in 1 contract

Samples: Lease Amendment (Mony Group Inc)

of the Lease. ~~Such Construction Documents~~ If the Original Premises Allowance Condition (as hereinafter defined) is met, Tenant shall ~~substantially conform~~ be entitled to draw down on the Original Premises Allowance with respect to any portion of the Original Premises in accordance with the requirements and procedures of the second paragraph of Section 2.2.F of the Lease (other than the last sentence of said Section 2.2.F) commencing as of May 1, 2021 provided however, that as of that date which is thirty-six (36) months after the Original Premises Allowance Condition, any amount of the applicable Original Premises Allowance which has not been previously requisitioned by Tenant pursuant to the ~~lay-out plan attached as Exhibit H.~~ foregoing shall be retained by Landlord and Tenant shall ~~provide either~~ have no further right or claim thereto. If the Original Premises Allowance Condition has not been met as of May 1, 2021, then Tenant shall still be entitled to the Original Premises Allowance but Tenant shall not be permitted to draw down on such Original Premises Allowance until the earlier of the date when the Original Premises Allowance Condition has been met or February 1, 2027 (provided, however, that such Original Premises Allowance may be used to reimburse Tenant for any leasehold improvements made to the Original Premises from and after May 1, 2021). In such event, Landlord shall make disbursements upon receipt of the documentation required under Section 2.2.F of the Lease, provided that any amount of the Original Premises Allowance which has not been requisitioned by Tenant on or before February 1, 2028 shall be retained by Landlord and Tenant shall have no further right or claim thereto. As used herein, the “Original Premises Allowance Condition” shall be met if Tenant provides Landlord with reasonable evidence that any of the following conditions occurs: (i) ~~CAD drawings~~ Tenant has a market valuation of $900,000,000.00 or (ii) ~~one reproducible sepia set~~ Tenant has a net worth, determined in accordance with generally accepted accounting principles, of $325,000,000.00. Landlord agrees that in the event Tenant receives the required approvals from the Prime Landlord and ~~12 prints~~ all Governmental Authorities, Tenant may create up to two connections between the portion of the ~~Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission~~ Premises located in 00 Xxxxxxx Xxxxxx and the portion of the ~~complete Construction Documents or~~ Premises located in 00 Xxxxxxx Xxxxxx, subject to and in accordance with Section 4.2 of the ~~complete change order~~ Lease. Landlord agrees to cooperate with and assist Tenant as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected reasonably requested by Tenant, ~~Tenant shall provide a letter from~~ at no out-of-pocket cost to Landlord, to obtain all approvals required to create such ~~architect to Landlord stating~~ connections at Tenant’s expense, including executing applications and authorizations that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord with respect to the Finish Work, and of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Building, as well as Landlord's structural engineer if any portion of Finish Work affects structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord may be required in connection with the Building, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall state specifically the reasons for such disapproval, and Tenant shall forthwith cause the same to be corrected and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periodstherewith.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Lease Agreement (Soaring Eagle Acquisition Corp.)

of the Lease. ~~Such Construction Documents shall substantially conform~~ Notwithstanding any provision herein to the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set and 12 prints~~ contrary, the commencement of ~~the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission~~ payment of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord Minimum Annual Rent with respect to the ~~Finish Work~~Additional Expansion Space shall occur effective January 1, 2004 (the "Additional Expansion Space Commencement Date"), whether or not Tenant improvements in the Additional Expansion Space as outlined in Exhibit B entitled "Landlord's Work with respect to the Additional Expansion Space" have been completed. Landlord shall provide to Tenant the Tenant Improvement Allowance for Additional Expansion Space of $8.00 per rentable square foot (totaling $60,712.00), as set forth in Section 2.08 of the Lease. The improvements to the Additional Expansion Space and ~~of any Finish Work design schedule,~~ the work to be performed are as set forth in Exhibit B attached hereto and incorporated herein by this reference. To the extent that the ~~architect will comply with all such requirements including without limitation~~ Tenant Improvement Allowance exceeds the ~~submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services~~ cost of the ~~electrical and mechanical engineers engaged~~ work required by ~~Landlord for~~ Tenant as set forth in Exhibit B, any excess funds shall be disbursed to the ~~Building, as well as~~ Tenant upon completion of the Landlord's ~~structural engineer if any portion of Finish~~ Work ~~affects structural components of~~ with respect to the ~~Building. Even though~~ Additional Expansion Space, with such ~~engineers (and architect if~~ excess funds being delivered to the Tenant ~~engages Landlord~~for Tenant's ~~architect) have been otherwise engaged by Landlord~~ use in connection with other present or future improvements (including without limitation, the ~~Building~~fixturing, cabling, networking or equipping thereof) to the Leased Premises. In the event that the Work described in Exhibit B exceeds the Tenant Improvement Allowance for the Additional Expansion Space, the Tenant shall ~~be solely responsible for the liabilities~~ pay to Landlord such excess cost within ten days after Landlord notifies Tenant and ~~expenses of all architectural and engineering services relating~~ delivers to ~~the Finish Work (subject to reimbursement from the Construction Documents Allowance) and for the adequacy and completeness~~ Tenant evidence of the ~~Construction Documents~~ actual cost of the aforesaid work. It is expressly agreed and acknowledged that any contractor engaged to perform the Work as described in Exhibit B hereto shall be mutually acceptable to both Landlord and Tenant. On July 1, 2009, the commencement of the eleventh Lease Year and the first Lease Year of the extended Term effectuated by this Amendment, or at anytime thereafter during such extended Term, upon Tenant's written request submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building Tenant shall be solely responsible for the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlord. If the Construction Documents are disapproved by Landlord, Landlord shall ~~state specifically the reasons for such disapproval~~be obligated to repaint, re-wallpaper, re-stain doors, and re-carpet the Leased Premises as required by the Tenant ~~shall forthwith cause~~ at Landlord's expense up to a maximum aggregate expense of $8.00/RSF (a maximum of $352,976.00) (hereinafter referred to as the ~~same to be corrected and resubmitted~~"Refurbishment Allowance"). ~~No Tenant Work~~ This Refurbishment Allowance shall be ~~effected except~~ in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction lieu of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in Landlord's obligation to refurbish the Leased Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components "upon commencement of the Building. At Tenant's request, Landlord shall provide, at Tenant's expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described first exercised extension," as provided for in the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component Section 2.07 of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periodsLease.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("Finish Work Change Order"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Lease Agreement (Amsurg Corp)

of the Lease. ~~Such Construction Documents~~ The Dish/Antenna Payments shall ~~substantially conform~~ constitute Additional Rent under the terms of the Lease and Tenant shall be required to make these payments in the same manner and at the same time as other payments of Additional Rent and in strict compliance with the terms of Section 4 of the Lease. Landlord reserves the right, at Landlord's sole cost and expense, to relocate the Roof Space, together with Tenant's Dish/Antenna equipment and appurtenances, as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna and the operating efficiency and/or functionality of same. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the ~~lay-out plan attached as Exhibit H. Tenant shall provide either (i) CAD drawings or (ii) one reproducible sepia set~~ approval rights of Landlord and 12 prints of the Construction Documents. Tenant's Construction Documents or changes thereto shall be deemed approved if Landlord does not notify Tenant otherwise within ten (10) business days after submission of the complete Construction Documents or the complete change order as the case may be. Within thirty (30) days after the date hereof, Tenant shall retain Tenant's Architect (as defined herein) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such architect to Landlord stating that the architect has carefully reviewed the requirements of this Lease, of any design manual or handbook provided to Tenant by Landlord and/or engineer with respect to the ~~Finish Work~~plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The Dish/Antenna must be tagged with weatherproof labels showing manufacturer, model, frequency range, and name of ~~any Finish Work design schedule~~Tenant. In addition, the cable between the Dish/Antenna and ~~that~~ Tenant's suite must be tagged in the ~~architect will comply~~ telecom closet on each floor with a label showing Tenant's name, phone number and suite number. In addition to the Plans and Specifications, all ~~such requirements including without limitation~~ other documents Landlord reasonably requires (and requests in writing not later than the ~~submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services~~ date of Landlord's delivery of the ~~electrical and mechanical engineers engaged by~~ applicable Advice or ROFO Notice) to review the installation of the Dish/Antenna (collectively, the "ADDITIONAL INFORMATION") shall be submitted to Landlord for ~~the Building, as well as~~ Landlord's ~~structural engineer if any portion of Finish Work affects structural components of~~ written approval no later than 20 days before Tenant commences to install the ~~Building~~Dish/Antenna. ~~Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Building,~~ Tenant shall be solely responsible for ~~the liabilities~~ obtaining all necessary governmental and ~~expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Construction Documents Allowance)~~ regulatory approvals and for the ~~adequacy~~ cost of installing, operating, maintaining and ~~completeness~~ removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the ~~Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance~~ installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications and Additional Information, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant shall ~~be solely responsible for~~ promptly commence and diligently cure the timely preparation and submission to Landlord of the Construction Documents whether or not the Construction Documents are prepared in whole or in part by Landlord's engineers (or architect). Tenant agrees and acknowledges that substantial time will be required on its part to provide complete information concerning its requirements to its architect and engineers, and that it must make timely decisions as and when requested. Tenant will cause its personnel to devote such time as may be necessary to consult with its architect and engineers in order to enable them to complete the Construction Documents. The Construction Documents shall not be deemed to have been submitted by Tenant unless and until they are in a form in which they are thereafter approved by Landlorddefects. If the ~~Construction Documents are disapproved~~ Tenant fails to promptly commence and diligently cure the defects, Landlord shall have the right, but not the obligation, to cure the same and Tenant shall pay to Landlord upon demand the cost, as reasonably incurred by Landlord, ~~Landlord shall state specifically~~ of correcting any defects and repairing any damage to the ~~reasons for~~ Building caused by such ~~disapproval~~installation. If at any time Landlord, ~~and~~ in its sole discretion, deems it necessary, Tenant shall ~~forthwith cause the same to be corrected~~ provide and resubmitted. No Tenant Work shall be effected except in accordance with complete, consistent, final Construction Drawings approved in advance by Landlord, which approval shall not be unreasonably withheld if the Construction Documents comply with this Section 3.3. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. At Tenant's request, Landlord shall provideinstall, at Tenant's sole cost and expense, ~~copies of existing architectural~~appropriate aesthetic screening, ~~mechanical~~reasonably satisfactory to Landlord, ~~electrical and structural drawings pertaining to~~ for the ~~Premises. However, Tenant's Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. The Tenant Work described in~~ Dish/Antenna (the Construction Documents (i) shall comply with all applicable laws, regulations, building codes, and reasonable and prudent design standards for a first-class office building, (ii) shall not in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) shall in all respects be compatible with the mechanical, electrical and structural components and systems of the Building, (iv) shall not affect any space or area in or around the Building other than the Premises (including the exterior of the Building) except as expressly permitted in Articles XII, XIII, and XIV and in the Construction Drawings, (vi) and with respect to all materials, equipment and special designs, processes, or products, not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall signify Landlord's consent to the Tenant Work shown thereon only and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility, and shall be corrected or repaired at the sole cost, of Tenant in the event of a breach of the foregoing warranties (it being understood that Landlord shall, except in cases of emergency, refrain from undertaking any such correction or repair of Tenant Work in the Premises if Tenant performs such work within the applicable notice and cure periods.) Tenant may, from time to time, by written order to Landlord on a form specified by Landlord ("~~Finish Work Change Order~~AESTHETIC SCREENING"), request a change in the Finish Work shown on the Construction Documents, subject to Landlord's approval, which approval shall not be unreasonably withheld. The Construction Documents shall not be modified in any material respect except with Landlord's prior written approval; and all modifications to the Construction Documents, whether material or not, shall be made only by Finish Work Change Order submitted to Landlord and approved by Landlord, provided that Landlord's approval is not required for minor adjustments in the Construction Documents that are cosmetic in nature and do not affect the Building structure or the Building systems. However, Tenant shall notify Landlord of said adjustments and shall provide Landlord with copies of the modified plans.

Appears in 1 contract

Samples: Office Lease Agreement (Lightbridge Inc)

Common use of of the Lease Clause in Contracts