Plans and Construction. Landlord and Tenant shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements. (a) Approved Space Plan and Working Drawings for Landlord’s TI Work. (i) Promptly following the execution of the Lease, Tenant shall deliver to Landlord a space plan showing the location of all partitions and doors and the layout of the Premises (the “Space Plan”). Landlord shall, within ten (10) days after the receipt of the Space Plan, provide Tenant written notice of Landlord’s approval or disapproval of the same, which approval shall not to be unreasonably withheld, conditioned or delayed. If Landlord disapproves of the Space Plan, Landlord, in its notice to Tenant, shall set forth in writing with particularity any changes necessary to bring the proposed Space Plan into a form which will be reasonably acceptable to Landlord and Tenant shall cause the changes reasonably requested by Landlord to be made to the proposed Space Plan within ten (10) days after receipt of Landlord’s notice. The Space Plan shall be deemed approved by Landlord if Landlord fails to respond to Tenant within ten (10) days after Landlord’s receipt thereof. This procedure shall be repeated until Landlord ultimately approves, or is deemed to have approved, the Space Plan. As approved, the Space Plan shall be deemed the “Approved Space Plan.” (ii) Landlord shall, within fifteen (15) days following Landlord’s approval (or deemed approval) of the Space Plan, prepare or cause to be prepared (assuming timely delivery by Tenant of all information and decisions reasonably required to be furnished or made by Tenant in order to permit preparation of Landlord’s Final Working Drawings, and subject to Tenant Delays and Unavoidable Delays), final detailed working drawings and specifications for the Tenant Improvements constituting Landlord’s TI Work, including (as applicable) structural, fire protection, life safety, mechanical and electrical working drawings and final architectural drawings (collectively, “Landlord’s Final Working Drawings”). Landlord’s Final Working Drawings shall be based on and consistent with the Approved Space Plan in all material respects (except as otherwise mutually approved by the parties in their respective discretion). Landlord shall deliver copies of Landlord’s Final Working Drawings to Tenant for Tenant’s approval and information. Tenant shall promptly and diligently either approve the proposed Landlord’s Final Working Drawings, or set forth in writing with particularity any changes necessary to bring the aspects of such proposed plans and specifications or proposed Landlord’s Final Working Drawings into a form which will be reasonably acceptable to Tenant. Notwithstanding any other provisions of this paragraph, in no event shall Tenant have the right to object to any aspect of the Landlord’s Final Working Drawings (including, but not limited to, any subsequently proposed changes therein from time to time) that is (i) materially consistent with the Approved Space Plan, (ii) necessitated by applicable law or as a condition of any governmental or other third-party approvals or consents that are required to be obtained in connection with Landlord’s TI Work, or (iii) that is required as a result of unanticipated conditions encountered in the course of construction of Landlord’s TI Work, but to the extent Tenant identifies to Landlord any concerns arising out of any such requirements or conditions described in this sentence, Landlord and Tenant shall cooperate reasonably, diligently and in good faith to discuss possible changes in the nature or scope of the Tenant Improvements that might minimize or avoid the effects of such requirements or conditions. Failure of Tenant to deliver to Landlord written notice of disapproval and specification of required changes on or before any deadline reasonably specified by Landlord (which shall not be less than five (5) days after receipt thereof by Tenant) in delivering an applicable set of plans, specifications and/or drawings to Tenant shall constitute and be deemed to be approval of Landlord’s proposed plans and specifications or proposed Landlord’s Final Working Drawings, as applicable. (b) Construction of Landlord’s TI Work. Following final approval, or deemed approval, of Landlord’s Final Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements constituting Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Landlord’s expense (subject to Tenant’s obligations to pay for the cost of any Tenant required changes to the Approved Space Plan or Landlord’s Final Working Drawings), construct and complete the Tenant Improvements constituting Landlord’s TI Work substantially in accordance with the Approved Space Plan, subject to Unavoidable Delays and Tenant Delays (if any). Such construction shall be performed in a neat, good and workmanlike manner and shall materially conform to all applicable laws, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completed.
Appears in 1 contract
Samples: Lease Agreement
Plans and Construction. Landlord and Tenant shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements..
(a) Approved Space Plan Plans and Working Drawings for Landlord’s TI Work.
(i) Promptly following the execution of the Lease, Tenant Improvements. Tenant shall deliver promptly and diligently work with the Architect to cause to be prepared and delivered to Landlord a space plan showing the location of all partitions and doors and the layout of the Premises for approval (the “Space Plan”). Landlord shall, within ten (10) days after the receipt of the Space Plan, provide Tenant written notice of Landlord’s approval or disapproval of the same, which approval shall not to be unreasonably withheld, conditioned or delayeddelayed by Landlord) proposed schematic plans and outline specifications for the Tenant Improvements. If Landlord disapproves Following mutual approval of the Space Plan, Landlord, in its notice to Tenant, shall set forth in writing with particularity any changes necessary to bring the such proposed Space Plan into a form which will be reasonably acceptable to schematic plans and outline specifications by Landlord and by Tenant shall cause the changes reasonably requested by Landlord to be made to the proposed Space Plan within ten (10) days after receipt of Landlord’s notice. The Space Plan shall be deemed approved by Landlord if Landlord fails to respond to Tenant within ten (10) days after Landlord’s receipt thereof. This procedure shall be repeated until Landlord ultimately approves, or is deemed to have as so approved, the Space Plan. As approved, the Space Plan shall be deemed the “Approved Space Plan.Schematic Plans”
(ii) Landlord shall), within fifteen (15) days following Landlord’s approval (or deemed approval) of Tenant shall then work with the Space Plan, prepare or Architect to cause to be prepared prepared, promptly and diligently (assuming timely delivery by Tenant Landlord of all any information and decisions reasonably required to be furnished or made by Tenant Landlord in order to permit preparation of Landlord’s Final Working Drawingsfinal working drawings, all of which information and decisions Landlord will deliver promptly and with reasonable diligence), and subject delivered to Tenant Delays and Unavoidable Delays)Landlord for approval (which approval shall not be unreasonably withheld, conditioned or delayed by Landlord) final detailed working drawings and specifications for the Tenant Improvements constituting Landlord’s TI WorkImprovements, including (as applicablewithout limitation) structural, fire protection, any applicable life safety, mechanical mechanical, electrical and electrical plumbing working drawings and final architectural drawings (collectively, “Landlord’s Final TI Working Drawings”). Landlord’s , which Final TI Working Drawings shall be based on and consistent with substantially conform to the Approved Space Plan in all material respects (except Schematic Plans. Upon receipt from Tenant of proposed schematic plans and outline specifications, proposed Final TI Working Drawings, any other plans and specifications, or any revisions or resubmittals of any of the foregoing, as otherwise mutually approved by the parties in their respective discretion). applicable, Landlord shall deliver copies of Landlord’s Final Working Drawings to Tenant for Tenant’s approval and information. Tenant shall promptly and diligently (and in all events within 10 business days after receipt in the case of an initial submittal of schematic plans and outline specifications or proposed Final TI Working Drawings, and within 7 business days after receipt in the case of any other plans and specifications or any revisions or resubmittals of any of the foregoing) either approve the such proposed Landlord’s schematic plans and outline specifications or proposed Final TI Working Drawings, as applicable, or set forth in writing with particularity any changes necessary to bring the aspects of such proposed schematic plans and outline specifications or proposed Landlord’s Final TI Working Drawings into a form which will be reasonably acceptable to TenantLandlord. Notwithstanding any other provisions of this paragraph, in no event shall Tenant have the right to object to any aspect Upon approval of the Landlord’s Final TI Working Drawings by Landlord and Tenant, the Final TI Working Drawings shall constitute the “Approved TI Plans,” superseding (including, but not limited to, any subsequently proposed changes therein from time to time) that is (i) materially consistent with the Approved Space Plan, (ii) necessitated by applicable law or as a condition of any governmental or other third-party approvals or consents that are required to be obtained in connection with Landlord’s TI Work, or (iii) that is required as a result of unanticipated conditions encountered in the course of construction of Landlord’s TI Work, but to the extent Tenant identifies to Landlord any concerns arising out of any such requirements or conditions described in this sentence, Landlord and inconsistencies) any inconsistent features of the previously existing Approved Schematic Plans. Tenant shall cooperate reasonably, diligently and in good faith respond to discuss possible changes in the nature any request for information or scope approval of the Tenant Improvements that might minimize plans or avoid the effects of such requirements drawings from Landlord or conditions. Failure of Tenant to deliver to Landlord written notice of disapproval and specification of required changes on or before any deadline reasonably specified by Landlord (which shall not be less than Architect within five (5) days after receipt thereof by Tenant) in delivering an applicable set of plans, specifications and/or drawings to Tenant shall constitute and be deemed to be approval of Landlord’s proposed plans and specifications or proposed Landlord’s Final Working Drawings, as applicable.
(b) Construction of Landlord’s TI Workbusiness days. Following final approval, or deemed approval, of Landlord’s Final Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements constituting Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Landlord’s expense (subject to Tenant’s obligations to pay for the cost of any Tenant required changes to the Approved Space Plan or Landlord’s Final Working Drawings), construct and complete the Tenant Improvements constituting Landlord’s TI Work substantially in accordance with the Approved Space Plan, subject to Unavoidable Delays and Tenant Delays (if any). Such construction shall be performed in a neat, good and workmanlike manner and shall materially conform to all applicable laws, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completed.
Appears in 1 contract
Samples: Lease (Pulse Biosciences, Inc.)
Plans and Construction. Landlord and Tenant shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements.
(a) Approved Space Plan and Working Drawings for Landlord’s TI Work.
(i) Promptly following the execution of the Lease, Tenant shall deliver to Landlord a space plan showing the location of all partitions and doors and the layout of the Premises (the “Space Plan”). Landlord shall, within ten (10) days after the receipt of the Space Plan, provide Tenant written notice of Landlord’s approval or disapproval of the same, which approval shall not to be unreasonably withheld, conditioned or delayed. If Landlord disapproves of the Space Plan, Landlord, in its notice to Tenant, shall set forth in writing with particularity any changes necessary to bring the proposed Space Plan into a form which will be reasonably acceptable to Landlord and Tenant shall cause the changes reasonably requested by Landlord to be made to the proposed Space Plan within ten (10) days after receipt of Landlord’s notice. The Space Plan shall be deemed approved by Landlord if Landlord fails to respond to Tenant within ten (10) days after Landlord’s receipt thereof. This procedure shall be repeated until Landlord ultimately approves, or is deemed to have approved, the Space Plan. As approved, the Space Plan shall be deemed the “Approved Space Plan.”
(ii) Landlord shall, within fifteen (15) days following Landlord’s approval (or deemed approval) of the Space Plan, prepare or cause to be prepared (assuming timely delivery by Tenant of all information and decisions reasonably required to be furnished or made by Tenant in order to permit preparation of Landlord’s Final Working Drawings, and subject to Tenant Delays and Unavoidable Delays), final detailed working drawings and specifications for the Tenant Improvements constituting Landlord’s TI Work, including (as applicable) structural, fire protection, life safety, mechanical and electrical working drawings and final architectural drawings (collectively, “Landlord’s Final Working Drawings”). Landlord’s Final Working Drawings shall be based on and consistent with the Approved Space Plan in all material respects (except as otherwise mutually approved by the parties in their respective discretion). Landlord shall deliver copies of Landlord’s Final Working Drawings to Tenant for Tenant’s approval and information. Tenant shall promptly and diligently either approve the proposed Landlord’s Final Working Drawings, or set forth in writing with particularity any changes necessary to bring the aspects of such proposed plans and specifications or proposed Landlord’s Final Working Drawings into a form which will be reasonably acceptable to Tenant. Notwithstanding any other provisions of this paragraph, in no event shall Tenant have the right to object to any aspect of the Landlord’s Final Working Drawings (including, but not limited to, any subsequently proposed changes therein from time to time) that is (i) materially consistent with the Approved Space Plan, (ii) necessitated by applicable law or as a condition of any governmental or other third-party approvals or consents that are required to be obtained in connection with Landlord’s TI Work, or (iii) that is required as a result of unanticipated conditions encountered in the course of construction of Landlord’s TI Work, but to the extent Tenant identifies to Landlord any concerns arising out of any such requirements or conditions described in this sentence, Landlord and Tenant shall cooperate reasonably, diligently and in good faith to discuss possible changes in the nature or scope of the Tenant Improvements that might minimize or avoid the effects of such requirements or conditions. Failure of Tenant to deliver to Landlord written notice of disapproval and specification of required changes on or before any deadline reasonably specified by Landlord (which shall not be less than five (5) days after receipt thereof by Tenant) in delivering an applicable set of plans, specifications and/or drawings to Tenant shall constitute and be deemed to be approval of Landlord’s proposed plans and specifications or proposed Landlord’s Final Working Drawings, as applicable.
(b) Construction of Landlord’s TI Work. Following final approval, or deemed approval, of Landlord’s Final Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements constituting Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Landlord’s expense (subject to Tenant’s obligations to pay for the cost of any Tenant required changes to the Approved Space Plan or Landlord’s Final Working Drawings), construct and complete the Tenant Improvements constituting Landlord’s TI Work substantially in accordance with the Approved Space Plan, subject to Unavoidable Delays and Tenant Delays (if any). Such construction shall be performed in a neat, good and workmanlike manner and shall materially conform to all applicable laws, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completed.
Appears in 1 contract
Plans and Construction. Landlord and Tenant Xxxxxx shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements.
(a) Approved Space Plan Plans and Working Drawings for Landlord’s TI Work.
(i) Promptly following the execution of the Lease, Tenant Improvements. Tenant shall deliver promptly and diligently work with the Architect to cause to be prepared and delivered to Landlord a space plan showing the location of all partitions and doors and the layout of the Premises for approval (the “Space Plan”). Landlord shall, within ten (10) days after the receipt of the Space Plan, provide Tenant written notice of Landlord’s approval or disapproval of the same, which approval shall not to be unreasonably withheld, conditioned or delayeddelayed by Xxxxxxxx) proposed schematic plans and outline specifications for the Tenant Improvements. If Landlord disapproves Following mutual approval of the Space Plan, Landlord, in its notice to Tenant, shall set forth in writing with particularity any changes necessary to bring the such proposed Space Plan into a form which will be reasonably acceptable to schematic plans and outline specifications by Landlord and by Tenant shall cause the changes reasonably requested by Landlord to be made to the proposed Space Plan within ten (10) days after receipt of Landlord’s notice. The Space Plan shall be deemed approved by Landlord if Landlord fails to respond to Tenant within ten (10) days after Landlord’s receipt thereof. This procedure shall be repeated until Landlord ultimately approves, or is deemed to have as so approved, the Space Plan. As approved, the Space Plan shall be deemed the “Approved Space Plan.Schematic Plans”
(ii) Landlord shall), within fifteen (15) days following Landlord’s approval (or deemed approval) of Tenant shall then work with the Space Plan, prepare or Architect to cause to be prepared prepared, promptly and diligently (assuming timely delivery by Tenant Landlord of all any information and decisions reasonably required to be furnished or made by Tenant Landlord in order to permit preparation of Landlord’s Final Working Drawingsfinal working drawings, all of which information and decisions Landlord will deliver promptly and with reasonable diligence), and subject delivered to Tenant Delays and Unavoidable Delays)Landlord for approval (which approval shall not be unreasonably withheld, conditioned or delayed by Landlord) final detailed working drawings and specifications for the Tenant Improvements constituting Landlord’s TI WorkImprovements, including (as applicablewithout limitation) structural, fire protection, any applicable life safety, mechanical mechanical, electrical and electrical plumbing working drawings and final architectural drawings (collectively, “Landlord’s Final TI Working Drawings”). Landlord’s , which Final TI Working Drawings shall be based on and consistent with substantially conform to the Approved Space Plan in all material respects (except Schematic Plans. Upon receipt from Tenant of proposed schematic plans and outline specifications, proposed Final TI Working Drawings, any other plans and specifications, or any revisions or resubmittals of any of the foregoing, as otherwise mutually approved by the parties in their respective discretion). applicable, Landlord shall deliver copies of Landlord’s Final Working Drawings to Tenant for Tenant’s approval and information. Tenant shall promptly and diligently (and in all events within 10 business days after receipt in the case of an initial submittal of schematic plans and outline specifications or proposed Final TI Working Drawings, and within 7 business days after receipt in the case of any other plans and specifications or any revisions or resubmittals of any of the foregoing) either approve the such proposed Landlord’s schematic plans and outline specifications or proposed Final TI Working Drawings, as applicable, or set forth in writing with particularity any changes necessary to bring the aspects of such proposed schematic plans and outline specifications or proposed Landlord’s Final TI Working Drawings into a form which will be reasonably acceptable to Landlord. Upon approval of the Final TI Working Drawings by Landlord and Tenant, the Final TI Working Drawings shall constitute the “Approved TI Plans,” superseding (to the extent of any inconsistencies) any inconsistent features of the previously existing Approved Schematic Plans. Notwithstanding Tenant shall respond to any other provisions request for information or approval of plans or drawings from Landlord or Architect within five (5) business days. Tenant acknowledges that the Tenant Improvements will include the items set forth on Schedule 2 to this paragraphExhibit B, in no event order to allow the Premises to achieve a LEED “Silver” certification level.
(b) Cost of Improvements. “Cost of Improvement” shall Tenant have the right to object mean, with respect to any aspect item or component for which a cost must be determined in order to allocate such cost, or an increase in such cost, to Tenant pursuant to this Tenant Work Letter, the sum of the Landlord’s Final Working Drawings following (unless otherwise agreed in writing by Landlord and Tenant with respect to any specific item or component or any category of items or components): (i) all sums paid to contractors or subcontractors for labor and materials furnished in connection with construction of such item or EXHIBIT B component; (ii) all costs, expenses, payments, fees and charges (other than penalties) paid to or at the direction of any city, county or other governmental or quasi-governmental authority or agency which are required to be paid in order to obtain all necessary governmental permits, licenses, inspections and approvals relating to construction of such item or component; (iii) engineering and architectural fees for services rendered in connection with the design and construction of such item or component (including, but not limited to, any subsequently proposed changes therein from time to timethe Architect for such item or component and an electrical engineer, mechanical engineer, structural engineer and civil engineer, if applicable); (iv) that is sales and use taxes; (iv) materially consistent with testing and inspection costs; (vi) the Approved Space Plancost of power, (ii) necessitated by applicable law or as a condition water and other utility facilities and the cost of any governmental or other third-party approvals or consents that are collection and removal of debris required to be obtained in connection with Landlordconstruction of such item or component; (vii) costs for builder’s TI Work, or risk insurance; and (iiiviii) that is required as a result of unanticipated conditions encountered all other “hard” and “soft” costs incurred in the course of construction of Landlord’s TI Work, but to the extent Tenant identifies to Landlord any concerns arising out of any such requirements item or conditions described in this sentence, Landlord and Tenant shall cooperate reasonably, diligently and in good faith to discuss possible changes in the nature or scope of the Tenant Improvements that might minimize or avoid the effects of such requirements or conditions. Failure of Tenant to deliver to Landlord written notice of disapproval and specification of required changes on or before any deadline reasonably specified by Landlord (which shall not be less than five (5) days after receipt thereof by Tenant) in delivering an applicable set of plans, specifications and/or drawings to Tenant shall constitute and be deemed to be approval of Landlord’s proposed plans and specifications or proposed Landlord’s Final Working Drawings, as applicable.
(b) Construction of Landlord’s TI Work. Following final approval, or deemed approval, of Landlord’s Final Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements constituting Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Landlord’s expense (subject to Tenant’s obligations to pay for the cost of any Tenant required changes to the Approved Space Plan or Landlord’s Final Working Drawings), construct and complete the Tenant Improvements constituting Landlord’s TI Work substantially component in accordance with the Approved Space Plan, subject to Unavoidable Delays and Tenant Delays TI Plans (if anyapplicable) and this Tenant Work Letter; provided that the Cost of Improvements shall not include any internal or third-party costs incurred by Landlord except as provided in Section 2(e). Such construction shall be performed in a neat, good and workmanlike manner and shall materially conform to all applicable laws, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completed.
Appears in 1 contract
Samples: Lease Agreement
Plans and Construction. Landlord and Tenant shall comply with the procedures set forth in this Paragraph 2 in preparing, delivering and approving matters relating to the Tenant Improvements.
(a) Approved Space Plan Plans and Working Drawings for Landlord’s TI Work.
Tenant Improvements. Landlord and Tenant have approved that certain space plan for the Premises, attached hereto as Schedule 2 (i) Promptly following as so approved, the execution of the Lease“Approved Schematic Plans”), Tenant shall deliver to Landlord a space plan showing the location of all partitions and doors and the layout of the Premises (the “Space Plan”). Landlord shall, within ten (10) days after the receipt of the Space Plan, provide Tenant written notice of Landlord’s approval or disapproval of the same, which approval shall not to be unreasonably withheld, conditioned or delayed. If Landlord disapproves of the Space Plan, Landlord, in its notice to Tenant, shall set forth in writing with particularity any changes necessary to bring the proposed Space Plan into a form which will be reasonably acceptable to Landlord and Tenant shall cause the changes reasonably requested by Landlord to be made to the proposed Space Plan within ten (10) days after receipt of Landlord’s notice. The Space Plan shall be deemed approved by Landlord if Landlord fails to respond to Tenant within ten (10) days after Landlord’s receipt thereof. This procedure shall be repeated until Landlord ultimately approves, or is deemed to have approved, the Space Plan. As approved, the Space Plan shall be deemed the “Approved Space Plan.”
(ii) Landlord shall, within fifteen (15) days following Landlord’s approval (or deemed approval) of the Space Plan, prepare or then cause to be prepared prepared, promptly and diligently (assuming timely delivery by Tenant Landlord of all any information and decisions reasonably required to be furnished or made by Tenant Landlord in order to permit preparation of Landlord’s Final Working Drawingsfinal working drawings, all of which information and decisions Landlord will deliver promptly and with reasonable diligence), and subject delivered to Tenant Delays and Unavoidable Delays)Landlord for approval (which approval shall not be unreasonably withheld, conditioned or delayed by Landlord) final detailed working drawings and specifications for the Tenant Improvements constituting Landlord’s TI WorkImprovements, including (as applicablewithout limitation) structural, fire protection, any applicable life safety, mechanical mechanical, electrical and electrical plumbing working drawings and final architectural drawings (collectively, “Landlord’s Final TI Working Drawings”). Landlord’s , which Final TI Working Drawings shall be based on and consistent with substantially conform to the Approved Space Plan in all material respects (except Schematic Plans. Upon receipt from Tenant of proposed schematic plans and outline specifications, proposed Final TI Working Drawings, any other plans and specifications, or any revisions or resubmittals of any of the foregoing, as otherwise mutually approved by the parties in their respective discretion). applicable, Landlord shall deliver copies of Landlord’s Final Working Drawings to Tenant for Tenant’s approval and information. Tenant shall promptly and diligently (and in all events within ten (10) days after receipt in the case of an initial submittal of schematic plans and outline specifications or proposed Final TI Working Drawings, and within seven (7) days after receipt in the case of any other plans and specifications or any revisions or resubmittals of any of the foregoing) either approve the such proposed Landlord’s schematic plans and outline specifications or proposed Final TI Working Drawings, as applicable, or set forth in writing with particularity any changes necessary to bring the aspects of such proposed schematic plans and outline specifications or proposed Landlord’s Final TI Working Drawings into a form which will be reasonably acceptable to Landlord. Upon approval of the Final TI Working Drawings by Landlord and Tenant, the Final TI Working Drawings shall constitute the “Approved TI Plans,” superseding (to the extent of any inconsistencies) any inconsistent features of the previously existing Approved Schematic Plans.
(b) Cost of Improvements. Notwithstanding any other provisions “Cost of this paragraphImprovement” shall mean, in no event shall Tenant have the right to object with respect to any aspect item or component for which a cost must be determined in order to allocate such cost, or an increase in such cost, to Tenant pursuant to this Tenant Work Letter, the sum of the Landlord’s Final Working Drawings following (unless otherwise agreed in writing by Landlord and Tenant with respect to any specific item or component or any category of items or components): (i) all sums paid to contractors or subcontractors for labor and materials furnished in connection with construction of such item or component; (ii) all costs, expenses, payments, fees and charges (other than penalties) paid to or at the direction of any city, county or other governmental or quasi-governmental authority or agency which are required to be paid in order to obtain all necessary governmental permits, licenses, inspections and approvals relating to construction of such item or component; (iii) engineering and architectural fees for services rendered in connection with the design and construction of such item or component (including, but not limited to, any subsequently proposed changes therein from time to timethe TI Architect for such item or component and an electrical engineer, mechanical engineer and civil engineer, if applicable); (iv) that is sales and use taxes; (iv) materially consistent with testing and inspection costs; (vi) the Approved Space Plancost of power, (ii) necessitated by applicable law or as a condition water and other utility facilities and the cost of any governmental or other third-party approvals or consents that are collection and removal of debris required to be obtained in connection with Landlordconstruction of such item or component; (vii) costs for builder’s TI Work, or risk insurance; and (iiiviii) that is required as a result of unanticipated conditions encountered all other “hard” and “soft” costs incurred in the course of construction of Landlord’s TI Work, but to the extent Tenant identifies to Landlord any concerns arising out of any such requirements item or conditions described in this sentence, Landlord and Tenant shall cooperate reasonably, diligently and in good faith to discuss possible changes in the nature or scope of the Tenant Improvements that might minimize or avoid the effects of such requirements or conditions. Failure of Tenant to deliver to Landlord written notice of disapproval and specification of required changes on or before any deadline reasonably specified by Landlord (which shall not be less than five (5) days after receipt thereof by Tenant) in delivering an applicable set of plans, specifications and/or drawings to Tenant shall constitute and be deemed to be approval of Landlord’s proposed plans and specifications or proposed Landlord’s Final Working Drawings, as applicable.
(b) Construction of Landlord’s TI Work. Following final approval, or deemed approval, of Landlord’s Final Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements constituting Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Landlord’s expense (subject to Tenant’s obligations to pay for the cost of any Tenant required changes to the Approved Space Plan or Landlord’s Final Working Drawings), construct and complete the Tenant Improvements constituting Landlord’s TI Work substantially component in accordance with the Approved Space Plan, subject to Unavoidable Delays and Tenant Delays TI Plans (if any)applicable) and this Tenant Work Letter; provided that the Cost of Improvements shall not include any internal or third-party costs incurred by Landlord. Such construction shall be performed [*] = Certain confidential information contained in a neatthis document, good marked by brackets, is filed with the Securities and workmanlike manner and shall materially conform Exchange Commission pursuant to all applicable lawsRule 406 of the Securities Act of 1933, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completedas amended.
Appears in 1 contract
