Plans, Etc. (a) With respect to any Alteration (except for, subject to the provisions of Section 9.1(d) above, Decorative Alterations), Tenant shall advise Landlord thereof and, at Tenant’s sole cost and expense (including the reasonable costs of any third party engineer or consultant retained by Landlord in connection herewith), shall have prepared by a licensed architect or engineer approved by Landlord (which approval shall not be unreasonably withheld or delayed), and deliver to Landlord for Landlord’s reasonable approval, completed, fully coordinated and reasonably detailed architectural, mechanical and electrical working drawings, plans and specifications therefor, including construction drawings and documents and plans and specifications for the sprinkler, fire and life safety systems, and any amendments or modifications to the foregoing (such complete and reasonably detailed working drawings, plans and specifications being herein referred to as “Tenant’s Plans”), which approval shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing provisions of this Section 9.4(a) and Section 9.4(b) below (which Section 9.4(b) shall not apply to Permitted Non-Structural Alterations), Landlord’s approval shall not be required for Tenant’s Plans for Permitted Nonstructural Alterations, provided, however, Tenant shall deliver the same to Landlord as provided herein for informational purposes only. Tenant may submit Tenant’s Plans in interim plan phases or stages (such as schematic drawings or design development drawings) to Landlord for approval provided that (a) such interim plan phases or stages are reasonably complete such that approval in phase or stage is appropriate and the nature of the work shown on such plans is ascertainable, and (b) Landlord’s approval of any such interim plan phase or stage shall not be deemed to be the approval of Tenant’s Plans to the extent inconsistent with such interim plan phases or stages or not reasonably inferable therefrom. Landlord shall review and approve any such interim plan phases or stages subject to the same conditions applicable to Landlord’s review and approval of Tenant’s Plans. (i) For the purposes of this subsection (b), “Plan Review Period” means twenty (20) Business Days for Tenant’s Plans in respect of Alterations, and “Plan Revision Review Period” means fifteen (15) Business Days for revised Tenant’s Plans in respect of Alterations.
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Samples: Office Lease, Office Lease (2U, Inc.)
Plans, Etc. (a) With respect to any Alteration (except for, subject to the provisions of Section 9.1(dsubsection 13.02(e) above, Decorative Alterations), Tenant shall advise Landlord thereof and, at Tenant’s sole cost and expense expense, shall:
(i) At least ten (10) Business Days prior to the commencement of such Alteration, deliver to Landlord a certificate from Tenant’s architect setting forth such architect’s good faith estimate of the total cost of the proposed Alteration (including Soft Costs), such total cost being herein referred to as the reasonable costs “Total Cost”, which Total Cost shall be subject to Landlord’s verification, Tenant hereby agreeing to deliver to Landlord a revised certificate from Tenant’s architect from time to time setting forth a revised estimate of the Total Cost if, and promptly after, the Total Cost changes;
(ii) At least ten (10) Business Days prior to the commencement of any third party engineer or consultant retained by Alterations, deliver to Landlord copies of all construction contracts, contracts and other agreements relating to the Alterations in connection herewith)question, shall have including those agreements that provide for the so-called “hard costs” and the Soft Cost, Tenant hereby agreeing to deliver to Landlord from time to time all change orders and other agreements relating to the Alterations, including amendments and modifications to any of the foregoing, if, and promptly after, same are entered into; and
(iii) Have prepared by a licensed architect or engineer approved by Landlord (which approval shall not be unreasonably withheld or delayed), and deliver to Landlord for Landlord’s reasonable approval, completed, fully coordinated completed and reasonably detailed architectural, mechanical and electrical working drawings, plans and specifications therefor, including construction drawings and documents and plans and specifications for the sprinkler, fire and life safety systems, and any amendments or modifications to the foregoing (such complete and reasonably detailed working drawings, plans and specifications being herein referred to as “Tenant’s Plans”), which approval shall not be unreasonably withheld, conditioned, conditioned or delayeddelayed for Nonstructural Alterations. Notwithstanding the foregoing provisions of this Section 9.4(a) and Section 9.4(b) below (which Section 9.4(b) shall not apply to Permitted Non-Structural Alterations13.03(a)(iii), Landlord’s approval shall not be required for Tenant’s Plans for Permitted Nonstructural Alterations, provided, however, Tenant shall deliver the same to Landlord as provided herein for informational purposes onlyherein. Tenant may submit The submission to Landlord of Tenant’s Plans (or any revisions thereto) shall not be effective if same are not complete or if three (3) copies thereof in interim plan phases hard copy/blueprint format and three (3) copies thereof in the latest version of AutoCAD format (or stages (such other format as schematic drawings or design development drawingsmay be approved by Landlord) are not delivered to Landlord for approval provided that in accordance with Article 32.
(ab) such interim plan phases or stages are Tenant shall pay, as Additional Rent, to Landlord within thirty (30) days after receipt of Landlord’s reasonably complete such that approval detailed invoice therefor, Landlord’s out-of-pocket, third-party costs and expenses in phase or stage is appropriate and connection with (A) the nature review of the work shown Tenant’s Plans (and all revisions thereto), (B) during the performance and after the completion of any Alterations, the inspection, by or on such plans is ascertainablebehalf of Landlord or any person claiming by, through or under Landlord, of Alterations , (C) the securing and keeping safe the Premises and other portions of the Real Property during the performance of Alterations , and (bD) complying with applicable Requirements during the performance of Alterations , Tenant hereby agreeing that neither Landlord’s approval of the Tenant’s Plans (or any revisions thereto), nor its inspection, nor its right or failure to inspect of such work, nor its attempts, right or failure to secure or keep safe the Premises or other portions of the Real Property during the performance of Alterations , nor its attempts, right or failure to comply with applicable Requirements during the performance of Alterations, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including any obligation or liability that might arise as a result of such work not being performed in accordance with applicable Requirements or with the Tenant’s Plans (and revisions thereto) approved by Landlord or otherwise. The review or approval by Landlord of any Tenant’s Plans or any revisions thereto is solely for Landlord’s benefit, and is without any representation or warranty whatsoever with respect to the adequacy, correctness or efficiency thereof or otherwise. Neither the granting by Landlord of its approval of any Tenant’s Plans or any revisions thereto, nor Landlord’s execution of any of the applications referred to in Section 13.04 below, shall in any manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with Requirements. Landlord may, as a condition of its approval, require Tenant to make reasonable revisions in and to Tenant’s Plans. Landlord’s approval of any such interim plan phase Tenant’s Plans or stage revisions thereto shall not be deemed effective unless same is in writing.
(c) Tenant shall not use, employ or retain any contractor, construction manager, engineer or architect, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. Landlord has pre-approved the contractors and subcontractors listed on Exhibit L annexed hereto to be perform Alterations, provided, however, that Landlord shall have the right (for good cause in Landlord’s reasonable discretion) to withdraw any such approval as to any contractor or subcontractor on Exhibit L at any time after the date hereof and prior to such time as Tenant has entered into any contract for the performance of Alterations by such contractor or subcontractor. Notwithstanding the foregoing, (i) for any Alterations involving the fire and life safety equipment or systems, Tenant may only use contractors and subcontractors approved by Landlord in Landlord’s sole reasonable discretion or designated by Landlord, (ii) the Tenant’s Plans to for the extent inconsistent with such interim plan phases Alterations described in clause “(i)” above shall be prepared, at Tenant’s sole cost and expense, by engineers or stages other professions approved by Landlord (which approval may be granted or not reasonably inferable therefrom. Landlord shall review and approve any such interim plan phases or stages subject to the same conditions applicable to withheld in Landlord’s review sole and approval of Tenant’s Plans.
absolute discretion) or designated by Landlord, and (iiii) For the purposes of this subsection (b), “Plan Review Period” means twenty (20) Business Days for all Tenant’s Plans in respect of Alterationsthat are required to be submitted to, and “Plan Revision Review Period” means fifteen (15) Business Days for revised Tenant’s Plans in respect of Alterationsfiled with, or approved by, any Governmental Authority, shall be submitted or filed by an expediter approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Samples: Lease Agreement (Yelp Inc)
Plans, Etc. (a) With respect to any Alteration (except for, subject to the provisions of Section 9.1(d) above, Decorative Alterations), Tenant shall advise Landlord thereof and, at Tenant’s sole cost and expense (including the reasonable costs of any third party engineer or consultant retained by Landlord in connection herewith), shall have prepared by a licensed architect or engineer approved by Landlord (which approval shall not be unreasonably withheld or delayed), and deliver to Landlord for Landlord’s reasonable approval, completed, fully coordinated and reasonably detailed architectural, mechanical and electrical working drawings, plans and specifications therefor, including construction drawings and documents and 1. Identified on Exhibit I are plans and specifications for the sprinklerLandlord’s Work, fire and life safety systemsprepared by or for Tenant, and any amendments or modifications to the foregoing (including, without limitation, all architectural and engineering drawings and specifications. Tenant acknowledges and agrees that such complete and reasonably detailed working drawings, plans and specifications being herein referred to as “Tenant’s Plans”), which approval shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing provisions of this Section 9.4(a) and Section 9.4(b) below (which Section 9.4(b) shall not apply to Permitted Non-Structural Alterations), Landlord’s approval shall not be required for Tenant’s Plans for Permitted Nonstructural Alterations, provided, however, Tenant shall deliver the same to Landlord as provided herein for informational purposes only. Tenant may submit Tenant’s Plans in interim plan phases or stages (such as schematic drawings or design development drawings) to Landlord for approval provided that (a) such interim plan phases or stages are reasonably complete such that approval in phase or stage is appropriate and the nature of the work shown on such plans is ascertainable, and (b) Landlord’s approval of any such interim plan phase or stage shall not be deemed to be the approval of Tenant’s Plans to the extent inconsistent with such interim plan phases or stages or not reasonably inferable therefrom. Landlord shall review and approve any such interim plan phases or stages remain subject to the same conditions applicable to Landlord’s review and approval of Tenant’s (such plans and specifications as approved by Landlord, the “Final Plans”).
2. Tenant acknowledges that the Final Plans were prepared by or for Tenant, and not by Landlord, and Tenant agrees that, notwithstanding any acceptance, approval, consent, inspection or review of the Final Plans by Landlord, and notwithstanding the utilization of the Final Plans by Landlord in connection with the performance by Landlord of the Landlord’s Work, Landlord shall have no liability or obligation in respect of the Final Plans, and Tenant shall be solely responsible for the Final Plans including, without limitation, approval of same by all applicable Governmental Authority, and the conformity of same with all applicable Requirements. To the extent available and not otherwise applied, Landlord’s Contribution shall be applied to the application for such approvals by applicable Governmental Authorities, and the payment of any regular fees payable to such Governmental Authorities for the issuance thereof.
3. Provided the Lease shall be in full force and effect and there shall be no Event of Default, Landlord shall endeavor to procure and deliver to Tenant, not later than ten (i) For the purposes of this subsection (b), “Plan Review Period” means twenty (2010) Business Days after the date of the Lease, bids for performance and construction of the work set forth in the Final Plans (“Bids”), from JMK Construction Group, 100 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (“Tenant’s Plans Proposed Contractor”) and from two (2) other contractors selected by Landlord. (collectively, the “Contractors”). The Bids shall be based on the Final Plans. The day upon which the Bids are actually delivered to Tenant is referred to below as the “Bid Delivery Date.”
4. On or before the expiration of the second (2nd) Business Day following the Bid Delivery Date (the “Selection Date”), TIME BEING OF THE ESSENCE, Tenant shall, by actually delivering written notice to Landlord (the “Selection Notice”) select one (1) of the three (3) Contractors (which shall constitute selection of such Contractor’s Bid). If Tenant shall fail or omit to select one (1) of the three (3) Contractors prior to 5:00 pm on the Selection Date, then each day thereafter until the date after the date on which Tenant shall have delivered to Landlord the Selection Notice, shall constitute a day of Tenant Delay.
5. Tenant shall fully cooperate with Landlord and Landlord’s agent, the Contractors, the architect (if any) and all other parties involved (or which may be involved) in respect Landlord’s Work and shall make Tenant’s Agent (hereinafter defined) available at all reasonable times to facilitate the procurement of Alterationsthe Bids on or before the Bid Delivery Date. It is expressly understood and agreed that except for Landlord’s gross negligence or willful misconduct, Landlord shall not be subject to any liability whatsoever, and “Plan Revision Review Period” means fifteen there shall be no abatement of Rent or any other monetary concession to Tenant whatsoever in the event Landlord fails to complete and deliver to Tenant the Bids on or before the Bid Delivery Date.
6. Tenant shall provide Landlord (15and its contractors and designees) Business Days for revised with unobstructed access to all portions of the Premises at all times to facilitate the performance and completion of Landlord’s Work.
7. Tenant’s Plans selecting a Bid shall be deemed full authorization by Tenant for Landlord to proceed with the commencement of the Landlord’s Work in respect accordance with Section B of Alterations.this Exhibit D.
Appears in 1 contract
Samples: Lease Agreement (Pzena Investment Management, Inc.)
