Plans and Specifications. Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “plans”) necessary for Tenant to construct the Premises for Tenant’s occupancy, which plans shall be subject to approval by Landlord’s architect and engineers and shall comply with their reasonable requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Tenant’s plans for any purpose whatsoever other than that Landlord does not object thereto under this Lease. Landlord’s architects and engineers shall respond (with approval or disapproval) to any plan submission by Tenant within 8 business days after Landlord’s receipt thereof. If Landlord fails to respond to any such submission within such 8 business day period, which failure continues for more than 2 business days after Tenant gives Landlord a written notice (the “Deemed Approved Notice”) advising Landlord that such plan submission shall be deemed approved within 2 business days of Landlord’s receipt of the Deemed Approved Notice, then such plan submission shall be deemed approved hereunder. The Deemed Approved Notice shall, in order to be effective, contain on the first page thereof, in a font at least twice as large as the font of any other text contained in such notice, a legend substantially as follows: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE LANDLORD’S APPROVAL OF SUBMITTED PLANS.” In the event Landlord’s architect’s or engineers’ approval of Tenant’s plans is withheld or conditioned, Landlord shall send prompt written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall promptly have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord. Landlord’s architects and engineers shall respond (with approval or disapproval) to any plan re-submission by Tenant within 8 business days after Landlord’s receipt thereof. Such process shall be followed until the plans shall have been approved by Landlord’s architect and engineers without unreasonable objection or condition. Without lim...
Plans and Specifications. (a) The Architect and Engineers retained by the Owner shall, under the direction of the Developer and after consultation with the Owner, prepare basic design plans (the "Basic Plans"). As a part of this process, the Developer may engage engineers, including the site engineers, to perform test borings and other soil testing at the Property for purposes of properly locating the Property on the Project. The Developer, the Architects and Engineers shall consult with the Owner during the process of preparing the Basic Plans. The Developer, Architect and the Engineers shall have access to the Project for all such tests and surveys.
(b) Within two (2) weeks after the date of the Architect's and the Engineer's completion and delivery of the Basic Plans, the Owner, the Developer, the Architect and Engineers shall meet to review and approve the Basic Plans. The parties shall initial the Basic Plans to indicate their approval of such Basic Plans.
(c) Upon the approval by the parties of the Basic Plans, the Developer shall direct the Architect and Engineers to prepare final plans, specifications and a site plan (collectively the "Final Plans") based upon the Basic Plans. Within two (2) weeks after the completion of the Final Plans and their delivery to the Owner, the parties will meet to review and approve the same, and make any necessary revisions. The Owner agrees that it will not unreasonably withhold its approval of the Final Plans if they conform in all material respects to the Basic Plans. The parties agree to use their best efforts to reach a prompt and reasonable conclusion concerning the acceptability of the Final Plans (and the Personal Property, see Section 2.6). The parties shall initial the Final Plans as an indication of their approval of the same.
Plans and Specifications. Triumph shall have the right to review any plans and specifications for the Project and any material changes to said plans and specifications solely to confirm that the Project described in the plans and specifications is consistent with the project described in the Grant Application, such confirmation not to be unreasonably withheld, conditioned or delayed. Triumph shall have fifteen (15) days from each receipt of the plans and specifications or proposed material change to notify Grantee of its confirmation or denial that the Project described in the plans and specifications is consistent with the project described in the Grant Application. If Triumph issues a denial, such denial shall be in writing and shall state the specific manner in which the Project described by the plans and specifications is not consistent with the project described in the Grant Application. If Triumph fails to deliver such confirmation or denial within such fifteen (15) day period, the plans and specifications or proposed material change shall be deemed confirmed by Triumph. If Grantee fails to obtain such confirmation as provided herein, that failure shall be sufficient cause for nonpayment by Triumph.
Plans and Specifications. (a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel.
(b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of:
(i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order;
(ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and
(iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder.
(c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order.
(d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order.
(e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer.
(f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may ...
Plans and Specifications. The Plans and Specifications for the Project are as listed in the GMP Supporting Documents. CM/GC shall perform Construction Phase Services in accordance with the Plans and Specifications and the other Contract Documents.
Plans and Specifications. The Work shall be performed pursuant to and in accordance with the following described plans and specifications, as well as any revisions made thereto: As described in the Solicitation # , including the specifications set forth therein, which is incorporated herein as if copied in full. Additional Work: Should Owner choose to add additional work, such additional work shall be described in a separate written amendment to this Agreement wherein the additional work shall be described and the parties shall set forth the amount of compensation to be paid by Owner for the additional work. Contractor shall not begin any additional work and Owner shall not be obligated to pay for any additional work unless a written amendment to this Agreement has been signed by both parties.
Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans and Specifications prepared by Seller's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.
Plans and Specifications. Landlord shall provide Tenant with notice approving or disapproving any proposed plans and specifications for the Tenant Improvement Work within the Required Period (defined below) after the later of Landlord’s receipt thereof from Tenant or the mutual execution and delivery of this Amendment. As used herein, “Required Period” means (a) 15 business days in the case of construction drawings, and (b) 10 business days in the case of any other plans and specifications (including a space plan). Any such notice of disapproval shall describe with reasonable specificity the basis for Landlord’s disapproval and the changes that would be necessary to resolve Landlord’s objections.
Plans and Specifications. The Work shall be performed pursuant to and in accordance with the plans and specifications attached hereto as Exhibit “A”, as well as any revisions made thereto.
