Common use of Plans Clause in Contracts

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 4 contracts

Samples: Lease Agreement (Amylyx Pharmaceuticals, Inc.), Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)

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Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s 's written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, "Plans") for all of Tenant’s 's Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located Commonwealth of Massachusetts certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s 's Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the "Building Systems"). Notwithstanding that Tenant’s 's proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s 's submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant ("Tenant’s 's Design Submission") and notify Tenant of approval or disapproval. If in the exercise of its reasonable discretion Landlord disapproves Tenant’s 's Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s 's Design Submission to meet Landlord’s 's objections, and shall resubmit the same to Landlord as so revised until Tenant’s 's Design Submission is approved by Landlord. No approval by Landlord of Tenant’s 's Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s 's Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s 's written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s 's engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s 's review and approval, which may not be withheld, conditioned or delayed unreasonably. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s 's Design Submission in final form as approved by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (EPIX Pharmaceuticals, Inc.), Lease (EPIX Pharmaceuticals, Inc.), Lease (Predix Pharmaceuticals Holdings Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. Landlord’s approval shall not be unreasonably withheld or delayed with respect to alterations, additions or improvements provided the same do not affect the structural elements of the Building, equal or exceed Building standards in quality, do not adversely affect or require any modifications to the plumbing, heating, ventilating, air-conditioning, mechanical, electrical or life-safety systems of the Building, are not visible from outside of the Premises and shall not increase Taxes or Insurance Costs nor require Landlord to perform any work to the Property. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. Landlord’s review and approval or reasons for disapproval of any such change shall be provided to Tenant within five (5) Business Days after Landlord’s receipt thereof in writing. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.)

Plans. 1. Before commencing construction of any AlterationsAll plans, Tenant shall submit for Landlord’s written approval either a description of the Alterations or working drawings and specifications for submitted by Landlord to Tenant pursuant to this Workletter (the Alterations"Plans") shall be prepared by those architects and engineers engaged by Landlord who are reasonably approved by Tenant. All Plans shall be subject to the reasonable approval of Landlord and Tenant. Landlord and Tenant each agree not to unreasonably withhold, as follows: delay or condition its approval of the Plans; provided, however, Landlord shall not be deemed to have acted unreasonably if it withholds it consent because, in Landlord's opinion, the Work reflected therein (i) Tenant shall submit drawings and written specifications (collectivelymay affect any Building systems, “Plans”) for all the structure of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state Building or district in which the Property is located certifying compliance with building codes. safety of the Building or its occupants; (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if would affect the proposed Alterations meet all exterior appearance of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure Demised Premises or the mechanicalBuilding; (iii) may affect Landlord's ability to furnish services to Tenant or other tenants in the Building; (iv) may increase the cost of operating the Building; (v) may violate any applicable laws, plumbingordinances, HVACorders, electrical codes, rules, regulations or life safety systems other requirements of other governmental authorities having or asserting jurisdiction over the Demised Premises or the Building (collectively, the "Laws"); (vi) contains or uses hazardous or toxic materials; (vii) may affect another tenant's premises; or (viii) is prohibited by any mortgage or other document encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent, whether or not such other reasons are similar to or dissimilar from the foregoing. Tenant has approved a Space Plan for the Premises (Exhibit Building SystemsA”). Notwithstanding that In addition, Tenant has selected Building Standard (Foxtrot Carpet w/”Tin Pan Alley” border) schedule for the finishes relating thereto. Any modifications to the Space Plan requested by Tenant and not required due to inaccuracies in the drawings and plans relative to the existing conditions, shall be made at Tenant’s proposed Alterations satisfy all 's expense and, if delay in occupancy occurs as a result of the preceding criteriasuch tenant requested modifications, upon review of Tenant’s submission, Landlord such event shall have the right to require be deemed a “Tenant to submit Plans for all or any portion of the proposed Alterations. 2Caused Delay”. Landlord shall review prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to enter into contracts (herein called "Construction Documents") with respect to and reflecting the description or Plans partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Construction Documents, shall promptly respond to Landlord's requests for information and approvals within five (5) business days after inquiry, and shall use reasonable efforts to assist Landlord to complete the Construction Documents as soon as possible. Tenant agrees to deliver to Landlord, not later than five (5) business days after delivery of the Construction Documents to Tenant, an original executed copy of the Construction Documents approved by Tenant; provided, however, if Tenant, in good faith, reasonably objects to any aspect of the Construction Documents submitted by Landlord, Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and in detail any objection to such Construction Documents as submitted to Tenant shall revise in a written notice to Landlord within such five (5) business day period. Landlord shall, if applicable, modify such Construction Documents to address Tenant’s Design Submission to meet Landlord’s 's written objections, and submit new Construction Documents to Tenant for approval. Notwithstanding the foregoing, the Construction Documents shall resubmit the same remain subject to Landlord as so revised until Tenant’s Design Submission is approved Landlord's review and approval, which approval shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of If Tenant fails to timely deliver the requirements of Construction Documents as required herein or makes modifications to the Construction Documents after the deadlines provided in this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlordsubsection, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements such event shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require deemed a "Tenant to submit copies of shop drawings for Landlord’s review and approvalCaused Delay. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord."

Appears in 2 contracts

Samples: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s 's written approval approval, either a description of the Alterations or drawings and specifications for the Alterations, Alterations as follows: (i) Tenant shall submit drawings and written specifications (collectively, "Plans") for all of Tenant’s 's Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property Complex is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s 's Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations do not require Landlord's prior consent pursuant to Section 6.2.5 or if the Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the Building structure or the mechanical, plumbingelectrical, HVAC, electrical plumbing or life safety systems of the Building (collectively, the “Building Systems”)HVAC systems. Notwithstanding that Tenant’s 's proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s 's submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant ("Tenant’s 's Design Submission") and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s 's Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s 's Design Submission to meet Landlord’s 's objections, and shall resubmit the same to Landlord as so revised until Tenant’s 's Design Submission is approved by Landlord. No approval by Landlord of Tenant’s 's Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s 's Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s 's written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s 's engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s 's review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s 's Design Submission in final form as approved by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Dexcom Inc), Lease Agreement (Dexcom Inc)

Plans. 1. Before 3.1 Prior to commencing construction and installation of any Alterationsthe Municipal Improvements within or adjacent to the Development Area, Tenant the Developer shall submit Plans to the Town for Landlord’s written approval either a description and the Plans shall give all necessary details of the Alterations Municipal Improvements to be constructed by the Developer, including any necessary specifications to be attached thereto. 3.2 The Developer acknowledges that approval of the Plans shall be in the sole discretion of the Town. The Town agrees that it shall not unduly delay in granting its approval, or drawings and specifications in rejecting, Plans which have been submitted by the Developer to the Town. 3.3 The Plans for the Alterations, as follows:construction and installation of the Municipal Improvements for the development of the Development Area shall conform strictly to the Design Standards in place at the time of the commencement of the installation of the Municipal Improvements. (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are 3.4 If the Town does not approve whatever Plans may be required to be completesubmitted to the Town by the Developer, with full details and finish schedules, and the Developer shall be stamped by an AIA architect licensed entitled to refer any matter in dispute to the state Town Council and the decision of the Town Council shall be final and binding and any such dispute or district in which the Property is located certifying compliance with building codesdifference shall not be subject to arbitration. (ii) Tenant may submit 3.5 The Developer covenants and agrees that the Construction Management Plan include a complete description construction timetable for the construction and installation of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic Municipal Improvements within and adjacent to the Development Area and the Developer shall, upon approval of the Construction Management Plan by the Town, comply with all time limits and complete all of the Developer's work within the dates specified in nature (e.g. paintingthe construction timetable as reasonably possible. 3.6 The Developer covenants and agrees that the landscaping for Public Properties shall comply with the Design Standards, wallpaperingthe Landscaping Plans attached to this Agreement as Schedule “K” and shall include all landscaping required by the Town including, but not so as to limit the generality of the foregoing, landscaping of all utility rights-of-ways and public walkways, construction of berms, construction of uniform fencing, installation of floor coveringsrecreational equipment and facilities and the landscaping of other Public Properties. The Developer agrees that it shall submit the landscaping Plans, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above completed by a qualified landscape architect, for the ceiling Town's approval within 30 days of the Premisesdate of execution of this Agreement. 3.7 Subject to the terms of this Agreement, it is understood and (4) they will not affect agreed between the structure or Town and the mechanical, plumbing, HVAC, electrical or life safety systems Developer that the Developer shall be entitled to construct the Municipal Improvements in accordance with the Plans once such Plans have been approved by the Town. 3.8 It is understood and agreed that the Town's approval of the Building (collectivelyPlans for the Municipal Improvements shall be in principle only and, in the case of unforeseen conditions which may adversely affect development, or in the case where a Municipal Improvement to be built in accordance with the Plans would not be suitable for the purposes intended, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans detailed design specifications for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements Municipal Improvements shall be subject to review and revision, from time to time, by the Town in accordance with the Construction and Infrastructure Design Standards and in accordance with accepted engineering and construction practices. 3.9 The Developer shall not Commence Construction or commence installation of the Municipal Improvements, or any portion, until such time as the Municipality has issued written approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalPlans, in whole or in part. 4. Before commencing construction 3.10 The Developer acknowledges and agrees that the Municipality's approval of the Plans is in no way intended to be a warranty, representation or guarantee by the Municipality or its engineer respecting the content of the Plans, including, without restricting the generality of the foregoing: (a) whether the Plans are suitable for the intended purpose; (b) whether the Plans comply with any Alterationsrequired federal, Tenant shall provide Landlord provincial or municipal legislation or regulation; (c) whether the Plans comply with two the Design Standards; and (2d) complete copies of Tenant’s Design Submission whether the Plans are in final form as approved by Landlordaccordance with standard acceptable engineering practices.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Plans. 1Landlord has previously delivered to Tenant an architectural plan of the Premises depicting the demising partitions and the approximate square footage of the Premises (the "Tenant Print Package"). Before commencing construction of any AlterationsOn or before June 30, 1997, Tenant shall will submit for Landlord’s written approval either to Landlord a description reproducible (sepia) set of the Alterations or drawings plans and specifications for (the Alterations, as follows: "Plans") and five (i5) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all prints of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are 's Work to be complete, done within the Premises prepared in conformity with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations applicable Exhibits (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”Tenant Print Package). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionNo later than ten (10) business days thereafter, Landlord shall have the right to require notify Tenant to submit Plans for all or of any portion failure of the proposed Alterations. 2Plans to conform to the applicable Exhibits hereto or otherwise to meet with Landlord's approval. Tenant shall, within ten (10) business days after receipt of any such notice, cause the Plans to be revised and resubmitted to the Landlord for Landlord's approval. Landlord shall review notify Tenant no later than five (5) business days following Landlord's receipt of such resubmitted Plans of any failure of such resubmitted Plans to conform to the description applicable Exhibits hereto or to otherwise meet with Landlord's approval and Tenant shall, within five (5) business days after receipt of any such notice cause the Plans to again be revised and resubmitted to the Landlord for Landlord's approval, and this procedure shall be repeated until the Plans are mutually and reasonably approved by both Landlord and Tenant. If Landlord fails to notify Tenant of any failures of or desired revisions to the Plans within any of the respective ten and/or five-business day periods set forth in this Section 3.3. A. hereinabove, then Landlord shall be deemed to have approved the version of the Plans then last submitted by Tenant hereunder for all purposes under this Lease. Notwithstanding anything to the contrary set forth herein, Tenant agrees that the Plans shall be drawn so as to conform substantially to the improvements contemplated by the concept drawing set forth in Exhibit "C" attached hereto, and Tenant further agrees that the Plans shall be prepared in compliance in all material respects with all governmental codes and ordinances applicable thereto. Landlord agrees that if the aforesaid concept plans have been approved by the City of Chicago (“Tenant’s Design Submission”as contemplated in Section 2.3. A. hereof) and notify Tenant if such Plans are otherwise prepared in compliance with the requirements of the immediately preceding sentence, Landlord will not unreasonably withhold, condition or delay its approval of such Plans. When Landlord or disapproval. If Landlord disapproves Tenant’s Design Submissionits designated agent has approved the original or revised Plans, Landlord shall specify the reasons for its disapproval initial and return one set of approved Plans to Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord shall become a part hereof as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease"E-1". Tenant shall not make commence any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as 's Work until Landlord has approved by LandlordExhibit "E-1".

Appears in 2 contracts

Samples: Retail Lease (Smith & Wollensky Restaurant Group Inc), Retail Lease (New York Restaurant Group Inc)

Plans. 1. Before Prior to commencing construction and installation of any Alterationsthe Municipal Improvements within or adjacent to the Development Area, Tenant the Developer shall submit Plans to the Municipality for Landlord’s written approval either a description approval. The Plans shall give all necessary details of the Alterations Municipal Improvements to be constructed by the Developer, including any necessary specifications to be attached thereto. The Municipality agrees that it shall not unduly delay in granting its approval, or drawings and specifications in rejecting Plans which have been submitted by the Developer to the Municipality. The Plans for the Alterations, as follows: (i) Tenant construction and installation of the Municipal Improvements for the Development Area shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawingsconform strictly to the General Design Standards. Drawings are If the Municipality does not approve whatever Plans may be required to be completesubmitted to the Municipality by the Developer, with full details and finish schedules, and the Developer shall be stamped by an AIA architect licensed entitled to refer any matter in dispute to the state Municipality's Council and the decision of the Municipality's Council shall be final and binding and any such dispute or district in which difference shall not be subject to arbitration. The Developer covenants and agrees that the Property is located certifying compliance with building codes. (ii) Tenant may submit Plans shall include a complete description construction timetable for the construction and installation of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic Municipal Improvements within and adjacent to the Development Area and the Developer shall, upon approval of the Plans by the Municipality, comply with all time limits and complete all of the Developer's work within the dates specified in nature (e.g. paintingthe construction timetable. The Developer covenants and agrees that the Plans for Landscaping for Public Properties shall comply with the General Design Standards and shall include all Landscaping required by the Municipality including, wallpaperingbut not so as to limit the generality of the foregoing, Landscaping of all roadways, utility rights-of-ways and public walkways, construction of berms, construction of uniform fencing, installation of floor coveringsrecreational equipment and facilities and the Landscaping of other Public Properties. The Developer agrees that it shall submit the Plans for Landscaping on Public Properties, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above completed by a qualified landscape architect, for the ceiling Municipality's approval in conjunction with the balance of the PremisesPlans referred to in Section 3.1 above. Subject to the terms of this Agreement, it is understood and (4) they will not affect agreed between the structure or Municipality and the mechanical, plumbing, HVAC, electrical or life safety systems Developer that the Developer shall be entitled to construct the Municipal Improvements in accordance with the Plans once such Plans have been approved by the Municipality. It is understood and agreed that the Municipality's approval of the Building (collectivelyPlans for the Municipal Improvements shall be in principle only and, in the case of unforeseen conditions which may adversely affect development, or in the case where a Municipal Improvement to be built in accordance with the Plans would not be suitable for the purposes intended, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans detailed design specifications for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements Municipal Improvements shall be subject to review and revision, from time to time, by the Municipality in accordance with the General Design Standards and in accordance with accepted engineering and construction practices. The Developer shall not Commence Construction or commence installation of the Municipal Improvements, or any portion, until such time as the Municipality has issued written approval of Landlord’s engineersthe Plans. Landlord also reserves The Developer acknowledges and agrees that the right Municipality's approval of the Plans is in no way intended to require Tenant to submit copies be a warranty, representation or guarantee by the Municipality or its engineer respecting the content of shop drawings for Landlord’s review and approval. 4. Before commencing construction the Plans, including, without restricting the generality of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.the foregoing:

Appears in 2 contracts

Samples: Single Stage Development Agreement, Single Stage Development Agreement

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description Purchaser covenants and agrees that within ninety (90) days after the expiry of the Alterations or drawings Inspection Period, Purchaser shall deliver to Seller for Seller’s review and approval (i) plans and specifications for the AlterationsPurchaser’s intended improvements, as follows: including, without limitation, civil drawings (i) Tenant shall submit drawings including landscaping, utilities and written specifications (collectivelysignage plans), “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing civil site work plans and architectural drawings. Drawings are to be complete, with full details plans and finish schedulesspecifications, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building an estimated construction schedule (collectively, the “Building SystemsPlans”). Notwithstanding If any work is to be performed on the HD Property, the Plans for such work shall incorporate the HD Site Specifications. In addition to the foregoing, Purchaser shall, at its sole cost and expense, cause to be delivered to Seller a written report (the “Supplemental Report”) which shall, among other things, include an impact analysis with respect to the HD Property, including, without limitation, all utility lines and facilities and other improvements located therein to verify no adverse impacts on the HD Property (including, without limitation, with respect to capacity, function or operation of any of the foregoing). Such impact analysis shall contain all necessary hydrology information and calculations to allow Seller to confirm that Tenantany existing detention pond and related storm water sewer improvements and facilities have adequate capacity to accommodate storm water discharge from the Property after the construction of Purchaser’s proposed Alterations satisfy intended improvements thereon. If any improvements to Seller’s storm water management system (including, without limitation, any existing detention pond) are required as a result of Purchaser’s intended development and use of the Property, Purchaser shall be solely responsible for the cost of the same. The Plans and Supplemental Report shall be peer reviewed by a civil engineer and architect designated by Seller. If Seller or its designated civil engineer or architect requests any modifications to the Plans, Purchaser shall either (A) make such modifications and deliver revised Plans to Seller and its designated civil engineer and/or architect, or (B) notify Seller that Purchaser does not wish to incorporate some or all of Seller’s requested modifications to the preceding criteriaPlans, upon review whereupon Seller and Purchaser and their respective civil engineers and architects shall consult with each other to attempt to reach agreement on the Plans. If the parties are unable to reach agreement by the earlier to occur of Tenant(x) the thirtieth (30th) day after Purchaser notifies Seller that Purchaser does not wish to incorporate some or all of Seller’s submissionrequested modifications, Landlord or (y) the Closing Date, either party shall have the right to require Tenant terminate this Agreement by written notice to submit the other party, which termination shall be governed by the provisions of subsection (g) below. Any modifications to the Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenantmade after Seller’s Design Submission”) and notify Tenant of initial approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements thereof shall be subject to Seller’s prior written approval, which approval of Landlordmay be withheld, in Seller’s engineerssole and absolute discretion. Landlord also reserves Purchaser acknowledges and agrees that any utility placement on the right Property is “as is where is” and shall be Purchaser’s responsibility to require Tenant to submit copies of shop drawings for Landlord’s review and approvalverify during the Inspection Period. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.), Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Plans. 1. Before commencing construction of any Alterations, Landlord and Tenant shall submit for Landlord’s written approval either a description of the Alterations or proceed to develop and approve construction drawings and specifications for each respective Phase of the AlterationsPremises (the "Complete Plans'") in accordance with the procedure set forth in Exhibit E attached hereto. The Complete Plans for each Phase of the Premises must be approved by Landlord not later than the applicable Tenant Design Completion Date and, as follows: (i) in order to meet that deadline, Tenant agrees to submit to Landlord for its approval design development plans for the Phase I Space and the Phase II Space on or before March 15, 1995. Landlord and Tenant shall submit drawings initial the Complete Plans after the same have been approved by Landlord and written specifications (collectivelyTenant in accordance with said Exhibit E. Tenant's interior furnishings, “Plans”) for all i.e., specification, coordination, supply and installation of furniture, furnishings, telephones and movable equipment, will be the responsibility of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and Tenant's installation of furnishings shall be stamped coordinated with any work being performed by an AIA architect licensed Landlord in such manner as to maintain harmonious labor relations during the initial build-out of the Phase I Space and the Phase II Space and not to damage the Building or Lot or interfere with Building or Lot operations. Except for installation of furnishings and the installation of telephone outlets (which must be performed by a telephone company at the Tenant's direction and expense) all work described in the state or district in which Complete Plans for the Property is located certifying compliance with building codes. Phase I Space and Phase II Space (iithe "Leasehold Improvements") Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to shall be performed inside walls by Siena Construction or above the ceiling of the Premises, another contractor designated by Landlord and reasonably approved by Tenant (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”"Landlord's Contractor"). Notwithstanding Landlord and Tenant agree that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have no obligation to construct leasehold improvements to the right Phase III Space. Tenant agrees to require Tenant commence all required improvements to submit the Phase III Space in a substantial and continuing manner on or before August 1, 2001 and to complete the same on or before December 31, 2001, at Tenant's sole cost and expense in accordance with Complete Plans for all or any portion of the proposed Alterations. 2. approved by Landlord shall review the description or Plans submitted with a contractor selected by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is but reasonably approved by Landlord. No approval All improvements made by Landlord Tenant to the Phase III Space shall become part of Tenant’s Design Submission the Premises upon installation thereof by Tenant and shall constitute a waiver not be the subject of any leasing or installment sale contract whereby title to or a lien on any of the requirements of this Exhibit or the Lease. Tenant shall not make said improvements vests in any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by party other than Landlord.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Plans. 1The Tenant Improvements shall be constructed substantially as shown on a conceptual space plan for the Expansion Premises to be approved in writing by Landlord and prepared by Xxxxxxx Architecture Interiors ("Space Planner") as the space planner for the Expansion Premises ("Space Plan"). Before commencing Landlord shall approve or disapprove the Space Plan by written notice given to Tenant within ten (10) days after receipt of the Space Plan. If Landlord disapproves a Space Plan, Landlord shall return the Space Plan to Tenant with a statement of Landlord's reasons for disapproval, or specifying any required corrections and/or revisions. Landlord shall approve or disapprove of any revisions to the Space Plan by written notice given to Tenant within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Space Plan. After approval of the Space Plan, the Space Planner will prepare and deliver to Landlord and Tenant detailed plans and specifications sufficient to permit the construction of any Alterations, the Tenant shall submit Improvements by Tenant's Contractor in accordance with the Space Plan and the cost agreed upon by Landlord and Tenant for Landlord’s written approval either a description the total cost of the Alterations or drawings and specifications for the AlterationsTenant Improvements ("Construction Documents"). The Tenant Improvements, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed shown in the state Construction Documents shall include Building standard entry doors and hardware. Landlord shall respond to the Construction Documents within ten (10) days after receipt thereof, specifying any changes or district modifications Landlord requires in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches Construction Documents. Landlord shall not unreasonably require changes or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all modifications or withhold its approval of the following criteria: Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Construction Documents if (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.)the Tenant Improvements will affect the Base Building or the Building Systems, (2) they do not require a building permitthe Tenant Improvements will alter or be visible from the exterior of the Expansion Premises, (3) they do not require work to be performed inside walls or above the ceiling any elements of the PremisesTenant Improvements are inconsistent with Landlord's standard protocols or rules for construction in the Building, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems any element of the Building Tenant Improvements fails to comply with any applicable Law, or (collectively5) the cost of removing the Tenant Improvements at the end of the Term would be excessive in Landlord's reasonable estimation. Following Landlord's required changes or modifications, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of Space Planner will then revise the preceding criteria, upon review of Tenant’s submission, Construction Documents and resubmit them to Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2its approval. Landlord shall review approve or disapprove the description or Plans submitted same within ten (10) days after receipt. The revised Construction Documents, as finally approved by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required are hereinafter referred to obtain governmental permits, without obtaining Landlord’s written approval in each instanceas the "Final Construction Documents". 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Hemacare Corp /Ca/)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionUpon receipt, Landlord shall have ten (10) business days to comment upon the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2Tenant's Plans. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise use reasonable efforts to reach agreement on the Tenant’s Design Submission to meet 's Plans within ten (10) days of Tenant's receipt of Landlord’s objections's comments thereto. In reaching such agreement, Landlord and Tenant shall each approve portions of Tenant's Plans that are acceptable and shall resubmit note their respective objections to the same portions that are unacceptable to each of them so as to enable Landlord to continue construction and order materials in a timely manner. In connection with Landlord's review of the Tenant's Plans, or if Tenant fails to deliver Tenant's Plans (or any modifications thereto) by the date set forth above, Landlord may require by prompt written notice to Tenant (i) modifications in Tenant's Plans (i.e. if Tenant's Plans are not compatible with Landlord's Plans), and/or (ii) an adjustment in the Outside Delivery Date (such adjustment to be determined by Landlord in its reasonable judgment). Landlord's notice to Tenant shall include reasonable detail describing the cause of the adjustment and/or the extent of the incompatibility with reasonable specificity. Any such extension in time, whether mutually agreed to by Landlord and Tenant or determined by their respective architects in the event of dispute pursuant to Section 3.6, shall result in Tenant's Plan Delay Days as hereinbefore determined. In addition, Landlord will not approve Tenant's Plans which involve any construction, alterations or additions requiring unusual expense to readapt the Premises to normal office use on the Term Expiration Date, unless Tenant first gives assurances acceptable to Landlord as so revised until Tenant’s Design Submission is approved by that such readaptation shall be made prior to such termination without expense to Landlord. No approval All revisions and modifications to the Tenant's Plans shall be made promptly by Landlord Tenant and revised sets of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements 's Plans shall be subject forthwith furnished to Landlord upon Tenant's receipt thereof, Landlord hereby agreeing to inform Tenant in writing during the plan approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of process and, in any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.event,

Appears in 1 contract

Samples: Lease Agreement (Rsa Security Inc/De/)

Plans. 1. Before Prior to commencing construction of any AlterationsTenant Work, Tenant shall submit for Landlord’s written approval either a description shall, at its sole risk and cost, deliver to Landlord separate sets of the Alterations or drawings architectural plans and specifications (the "PLANS") for the Alterations, as follows: (i) proposed Tenant Work in each of Expansion Space #1 and Expansion Space #2. The Plans shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are be subject to be complete, with full details and finish schedules, Landlord's approval and shall be stamped approved by an AIA architect licensed in all local governmental authorities with jurisdiction. Landlord's approval of any Plans may be conditioned upon Landlord's written requirement delivered concurrently with the state approval of such Plans that Tenant remove or district in which alter to satisfy the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description requirements of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if this Section 3.b. upon the proposed Alterations meet all termination of the following criteria: (1) they are cosmetic in nature (e.g. paintingLease, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the Tenant Work shown on such Plans which Landlord would be required after the termination of the Lease to alter or remove in order to render the relevant portion of the Expansion Space fully functional and operational and ready for occupancy by a typical prospective tenant of such portion of the Expansion Space. Landlord may so designate for removal at the termination of the Lease features such as a "clean room," offices of an atypical size, or an excess of a particular size or style of office or other room. Landlord will not unreasonably withhold its approval of any Plans, provided, that Landlord shall be deemed to have reasonably withheld its approval of such Plans if the proposed Alterations. 2Tenant Work shown on such proposed Plans, in Landlord's reasonable opinion, either: (i) is likely to adversely affect the operating systems, structure (including but not limited to any part of the roof), or exterior appearance of Building B; operating systems or the structure of Building B, including its roof; (ii) is likely to materially increase the cost of operating Building B; (iii) would violate any governmental laws, rules or ordinances; (iv) contains or uses Hazardous Materials other than those permitted by all applicable laws; (v) is not approved or permitted by any mortgagee or beneficiary under any mortgage or deed of trust encumbering the Park; or (vi) is not in accordance with "Landlord's Building Standards", as that term is defined in Exhibit B to the Original Lease. If Landlord notifies Tenant that changes are required to any Plans, Tenant shall promptly submit to Landlord, for its approval, such Plans amended in accordance with the changes so required. Tenant shall also revise the proposed Plans and change the proposed Tenant Work shown on such proposed Plans to incorporate any work required in the relevant portion of the Expansion Space by any local governmental field inspector. Landlord shall review deliver written notice (the description or Plans submitted by Tenant (“Tenant’s Design Submission”"APPROVAL NOTICE") and notify to Tenant of its approval or disapproval. If Landlord disapproves Tenant’s Design Submissionof any Plans, Landlord shall specify the reasons for its disapproval and provided that any Plans which Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same has duly submitted to Landlord as so revised until Tenant’s Design Submission is for approval shall be deemed approved by LandlordLandlord if Landlord fails to provide notice to Tenant of any comments of objections within 5 days after Landlord received such proposed Plans. No approval Any Plans approved by Landlord of Tenant’s Design Submission shall constitute a waiver or deemed approved by Landlord are "APPROVED PLANS". Landlord's approval of any of the requirements of this Exhibit Plans shall in no way be deemed to be (a) an acceptance or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction any element in such Plans which is in violation of any Alterationsapplicable laws, Tenant shall provide Landlord ordinances, regulations or other governmental requirements, or (b) an assurance that work done pursuant to the Approved Plans will comply with two (2) complete copies of all applicable laws, or satisfy Tenant’s Design Submission in final form as approved by Landlord's objectives and needs.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Plans. 1(a) Outline Specifications. Before commencing construction of any AlterationsAttached as Exhibit "D-1" ("Preliminary ---------------------- ------------- ----------- Base Building Specifications") are the site plan, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings preliminary elevations, ---------------------------- and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, plumbing, architectural and structural plans (the "Shell Plans") for the construction of the shell of the Building ----------- (the "Shell Building"), and floor loading requirements as Exhibit "D-2" ("Preliminary Tenant -------------- ------------- ------------------ Improvement Specifications") are the plans and specifications provided to -------------------------- Landlord by Tenant to establish improvements beyond the Shell Building. The Preliminary Base Building Specifications and the Preliminary Tenant Improvement Specifications are hereinafter collectively called the "Outline ------- Specifications") and are hereby approved by Landlord and Tenant. Any -------------- modifications to the Preliminary Base Building Specifications shall require the consent of Landlord and Tenant, such consent not to be unreasonably withheld by either party. Notwithstanding the foregoing, the parties agree that Landlord and Tenant have approved changes to the Preliminary Base Building Specifications relating to (i) the thickening of the slab of the Building, (ii) mechanical and plumbing systems, (iii) electrical service, equipment and conduit, and (iv) other changes requested by Tenant in its correspondence to Landlord prior to execution of this Lease (the "Tenant ------ Amendments"); subject to (x) approval by both Tenant and Landlord of ---------- ---------- revised plans and specifications reflecting the Tenant Amendments (which approval shall not be unreasonably withheld or delayed), (y) the inclusion of an appropriate concrete equipment pad and brick wall for shielding and security (which shall be subject to approval of Landlord’s engineers. included in the Tenant Amendments), and (z) appropriate arrangements between Tenant and Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, by which Tenant shall provide reimburse to Landlord for any excess costs resulting from the Tenant Amendments. The parties estimate the total costs associated with two the slab, conduit and plumbing changes and the additional equipment pad and brick wall, shall not exceed $80,000.00. The parties agree that the Tenant Amendments shall not result in, or be deemed to result in, any Delay (2as defined in Section 3(a) complete copies of Tenant’s Design Submission in final form as approved by Landlord.the Lease). ------------ (b) [INTENTIONALLY DELETED]

Appears in 1 contract

Samples: Office Lease Agreement (Netsolve Inc)

Plans. 1A list of the Turn-Key Tenant Improvement Plans are attached hereto as Exhibit C-1 and Outline Specifications for Turn-Key Tenant Improvements are attached hereto as Exhibit C-2 (collectively “Preliminary Plans”). Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or architect, in cooperation with Tenant and Landlord, shall prepare final working drawings and specifications for the Alterations, as follows: improvements to the office area of the Premises (i) the “Tenant shall submit drawings and written specifications (collectively, “Improvement Plans”) which shall be subject to the approval of Landlord and Tenant in accordance with the Work Schedule and shall not materially deviate from the Preliminary Plans referenced in Exhibits C-1 and C-2, respectively, unless Tenant agrees to pay for all of Tenant’s Alterationsthe costs, including mechanicaldesign, electrical permitting, construction and cabling, plumbing and architectural drawingssales tax associated with such deviations. Drawings are to be complete, with full details and finish schedules, and Tenant shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall also have the right to require request changes in the Tenant to submit Improvement Plans for all or and any portion of the proposed Alterations. 2. Landlord such change shall review the description or Plans submitted be documented by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, architect and shall resubmit the same subject to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, it shall not be unreasonable for Landlord to disapprove a proposed change to the Preliminary Plans and/or Tenant Improvement Plans that results in a cumulative increase or decrease of more than 5% in the respective ratio between open office area, private office area and ancillary room area. Upon Landlord’s receipt of Tenant’s request for a change to the Preliminary Plans or Tenant Improvement Plans, Landlord shall, as soon as practicable, using diligence, but no later than five (5) business days after receipt of such request, notify Tenant in writing as to (a) the affect of such change on the cost of the Tenant Improvements, including changes required to obtain governmental permitswithout limitation construction costs, sales tax, design costs and permits and fees (either a cost increase or cost decrease, if any); and (b) whether or not the implementation of such change will affect the timing of the construction of the Tenant Improvements, including, without obtaining Landlordlimitation, if the same will constitute a Tenant Delay (as defined below). Tenant shall have three (3) business days after Tenant’s written approval receipt of such notice and information from Landlord to elect to proceed with such change and to deposit with Landlord 100% of the sum of any increased cost resulting in each instance. 3. All mechanicalconnection with such change, electrical, structural and floor loading requirements shall be subject to approval thereby agreeing with any change in cost of Landlord’s engineersthe Tenant Improvements. Landlord also reserves and Tenant agree that, with respect to any Tenant-requested change to the right to require Preliminary Plans and/or Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any AlterationsImprovement Plans, Tenant shall provide Landlord with two be solely responsible for all cost increases but Tenant shall also receive the benefit of any cost savings by way of the netting of such savings against cost increases resulting from other modifications requested by Tenant to the Preliminary Plans and/or Tenant Improvement Plans. If Tenant shall fail to respond during such 3-business day period (2) complete copies of Tenant’s Design Submission in final form as approved by Landlordor to deposit the required cost increase amount), then Tenant shall be conclusively presumed to have elected to not institute the relevant change.

Appears in 1 contract

Samples: Lease Agreement (Osi Systems Inc)

Plans. 1Tenant agrees to cause its interior space planner (the “Interior Space Planner”) to deliver to Landlord on or before August 11, 2008, singleline space plans for the Premises (“Preliminary Space Plans”). Before commencing construction of any AlterationsPromptly after Landlord has approved the Preliminary Space Plans, Tenant shall submit for work with Landlord’s written approval either a description of the Alterations or designated architect in preparing architectural construction drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation furniture plans showing details of floor coverings, etc.)space occupancy, (2) they do not require a building permitsprinkler locations, (3) they do not require work to be performed inside walls or above the reflected ceiling of the Premisesplans, and (4) they will not affect partition and door location plans, (5) electrical and telephone plans noting any special requirements, (6) fire safety systems, (7) detail plans and (8) finish plans and schedules) with the structure or the mechanical, plumbing, HVAC, electrical or life safety systems goal of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) providing such architectural construction drawings and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same specifications to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit on or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlordbefore September 8, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 32008. All mechanical, electrical, structural and floor loading requirements plans shall be subject to approval of Landlord’s engineers. approval (not to be unreasonably withheld), and if Landlord also reserves does not approve the right to require same, Landlord shall advise Tenant to submit copies generally of shop the changes required in such plans, drawings for and specifications so that they will meet Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide cause the Interior Space Planner to deliver to Landlord with two (2) complete copies of Tenant’s Design Submission in revised architectural drawings and specifications noting the changes. The final form plans and specifications, as approved by Landlord and Tenant, are sometimes referred to herein as the “Final Plans and Specifications”. Tenant represents to Landlord that Tenant has reviewed its needs with the Interior Space Planner and that Tenant has assured itself that the Plans can be delivered as hereinabove required. Tenant agrees to cooperate with the Interior Space Planner and to furnish to the Interior Space Planner all information requested by the Interior Space Planner as promptly as possible and in any event in sufficient time to cause the Plans to be prepared and delivered timely. Landlord shall bear the expense of all construction drawings and plans prepared by Landlord’s architect. Tenant’s obligation to pay Rent under the Lease shall not commence until Landlord shall have substantially completed Landlord’s Work, provided, however, that the payment of Rent shall not be affected or deferred on account of any delay in substantially completing said work which results from: (a) Tenant’s failure to comply with the time periods for submissions, reviews and approvals stated in paragraph 2 hereof; or (b) The performance of any work by Tenant or any person, firm, or corporation employed by Tenant; or (c) Tenant’s request for changes in the Final Plans and Specifications (notwithstanding Landlord’s approval of such changes) after issuance for bidding or construction; or (d) Any default by Tenant or its agents in Tenant’s obligations under this Agreement.

Appears in 1 contract

Samples: Lease (Bancinsurance Corp)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within ten (10) days after the Phase 2 Expansion Space Delivery Date, Tenant shall submit for Landlord’s written approval either deliver to Landlord a description of space plan (the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “PlansPhase 2 Space Plan”) for all of depicting Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed 's desired improvements in the state or district in which the Property is located certifying compliance with building codes. Phase 2 Expansion Space (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building SystemsPhase 2 Tenant Improvements”). Notwithstanding that Tenant’s proposed Alterations satisfy all Within ten (10) days after receipt of the preceding criteria, upon review of Tenant’s submissionTenant Phase 2 Space Plan, Landlord will review and approve or disapprove the Tenant Phase 2 Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Phase 2 Space Plan, it shall have state with particularity the right reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Phase 2 Space Plan to require Tenant address Landlord's concerns and resubmit to submit Plans Landlord for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionUpon approval of the Tenant Phase 2 Space Plan, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission cause working drawings (hereafter, “Tenant Phase 2 Working Drawings”) of the Phase 2 Tenant Improvements shown on the Tenant Phase 2 Space Plan to meet Landlord’s objections, be prepared and shall resubmit the same delivered to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission The Tenant Phase 2 Working Drawings shall constitute a waiver of any consist of the requirements plans and specifications in the form of this Exhibit working drawings or construction drawings identifying Tenant's interior layout of the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordPhase 2 Expansion Space, including changes required to obtain governmental permitscomplete sets of architectural, without obtaining Landlord’s written approval in each instance. 3. All structural, mechanical, electrical, structural and floor loading requirements plumbing working drawings for all Phase 2 Tenant Improvements, in each case to the extent applicable. The Tenant Phase 2 Working Drawings shall include written instructions or specifications as may be necessary or required to secure a building permit from the City of Eden Prairie for said improvements to commence in due course. The Tenant Phase 2 Working Drawings shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review prepared by architects and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as engineers selected by Txxxxx and reasonably approved by Landlord.Lxxxxxxx. Within ten (10) days after delivery of the Tenant Phase 2 Working

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. 1. Before commencing (a) Tenant and Landlord have approved the construction of any Alterationsdrawings (hereinafter the "Working Drawings") prepared by The ISS Architectural Group, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications Inc. dated January 6, 2000, as revised on February 22, 2000, for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all installation of Tenant’s Alterations, including mechanical, electrical 's initial improvements to the Additional Space and cabling, plumbing and architectural drawings. Drawings are improvements and/or alterations to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which Current Premises (the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”"Improvements"). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon Any review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission the Working Drawings is solely for Landlord's benefit, and without any representation or express or implied warranty to Tenant with respect to the adequacy, correctness or efficiency thereof, its compliance with laws or otherwise. (b) Any and all change orders which Tenant may initiate during the course of construction are also subject to Landlord's approval which shall constitute a waiver of any of the requirements of this Exhibit not be unreasonably withheld or the Leasedelayed. Notwithstanding anything contained herein, Landlord shall not be required to perform, and Tenant shall not make any request, work which would (i) require changes to Tenant’s Design Submission after approval by Landlordstructural components or infrastructure of the Building or the exterior design of the Building, including (ii) require any material modification to the Building's mechanical installation or installations outside the Current Premises and/or the Additional Space, (iii) not comply with all applicable laws, rules, regulations, and requirements of any governmental department having jurisdiction over the construction of the improvements in the Building and/or Additional Space, (iv) be incompatible with the Building plans filed with the Township of Little Falls or with the occupancy of the Building as an office building, (v) delay the completion of the Additional Space or any part thereof beyond a normal construction period for all such work or (vi) not meet minimum Building Standards as detailed on Exhibit "B" attached hereto. Any changes required by any governmental department affecting the construction of the Additional Space shall not be deemed to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural be a violation of any provision of this Lease or a Tenant Delay and floor loading requirements shall be subject to approval of Landlord’s engineers. unilaterally accepted by Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalTenant. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Bisys Group Inc)

Plans. 1. Before commencing construction of any Alterations, The Tenant Improvements shall submit for Landlord’s written approval either be constructed substantially as shown on a description of the Alterations or drawings and specifications for the Alterations, as follows: conceptual space plan (i) Tenant shall submit drawings and written specifications (collectively, PlansSpace Plan”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are the Premises to be complete, with full details and finish schedules, and shall be stamped prepared by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. Modulus (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.“Space Planner”), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above who Landlord hereby approves as the ceiling of space planner for the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require approve the Space Plan, which approval shall not be unreasonably withheld. The Space Plan may comprise multiple plans in the event the Tenant to submit Plans for all or any portion Improvements are designed and constructed in the Premises on multiple floors of the proposed Alterations. 2Building. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements The Space Plan shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld. The Space Plan which Landlord approves is herein called the “Approved Space Plan”. The Space Planner will prepare and deliver to Landlord and Tenant detailed plans and specifications consistent with the Approved Space Plan and sufficient to permit the construction of the Tenant Improvements by the Contractor (“Construction Documents”). Landlord shall approve or disapprove the Construction Documents by written notice to Tenant and the Space Planner within five (5) Business Days after receipt, specifying any changes or modifications Landlord desires in the Construction Documents. Landlord shall not unreasonably require changes or modifications or withhold its approval of the Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Construction Documents if (1) the Tenant Improvements will affect the Building’s structure or the Building Systems, (2) any element of the Tenant Improvements fails to comply with any applicable Law, or (3) the cost of removing the Tenant Improvements at the end of the Term would be excessive in Landlord’s engineersreasonable estimation. The Space Planner will then revise the Construction Documents and resubmit them to Tenant and to Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any AlterationsLandlord shall approve or disapprove the same within five (5) Business Days after receipt. The revised Construction Documents, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord, is hereinafter referred to as the “Final Construction Documents”. Tenant shall be responsible for the costs of all Construction Documents, which may be paid for out of the “Improvement Allowance” (as defined below). In the event that Landlord fails to approve or disapprove any Construction Documents that are materially consistent with the Approved Space Plan within seven (7) Business Days following Tenant’s submission thereof the Landlord, such failure shall be deemed Landlord’s approval of the Construction Documents as the Final Construction Documents.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval approval, either a description of the Alterations or drawings and specifications for the Alterations, Alterations as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property Complex is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations do not require Landlord’s prior consent pursuant to Section 6.2.5 or if the Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the Building structure or the mechanical, plumbingelectrical, HVAC, electrical plumbing or life safety systems of the Building (collectively, the “Building Systems”)HVAC systems. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Dexcom Inc)

Plans. A. Concurrent with or prior to the delivery to Tenant of a fully executed counterpart of this Lease, Landlord shall deliver to Tenant one (1) copy of the Landlord's standard kiosk criteria manual for the Shopping Center. Landlord's kiosk criteria manual is provided to familiarize Tenant's architect, engineers and contractors with Landlord's minimum basic design criteria and construction requirements, and to assist in Tenant's plan development and construction of the kiosk. All details and information contained in the Landlord's kiosk criteria manual, whether appearing on Tenant's plans or not, shall be considered a part of Tenant's plans and construction requirements. Tenant's general contractor and all subcontractors must construct Tenant's kiosk in accordance with code, Landlord's approved Tenant plans and the Landlord's kiosk criteria manual. By this reference, the Landlord's kiosk criteria manual is incorporated herein and made a part of this Lease. This Exhibit B and Landlord's kiosk criteria manual are hereinafter collectively referred to as "Tenant's Construction Requirements". B. Within five (5) calendar days after the date of this Lease or such date as may be required by Landlord for Tenant to achieve its Rental Commencement Date, Tenant shall, at Tenant's sole cost and expense: 1. Before commencing construction Engage the services of any Alterationsa licensed architect and licensed electrical engineer (if required), hereinafter referred to as "Tenant's Architect and Engineer", for the purpose of preparing Plans and Specifications for Tenant's Work. 2. Notify Landlord of the identity of Tenant's Architect and Engineers. C. Tenant agrees that Tenant's Architect and Engineers can act as Tenant's agents for all Tenant design and plan development purposes and obligations of the Exhibit B. Tenant shall pay all fees of its Architect. In addition, Tenant shall submit pay to Landlord upon receipt of a statement therefore for Coordination and Administration Services a fee of Five Hundred and No/100 Dollars ($500.00) if the kiosk is constructed on the Premises. D. Within fifteen (15) calendar days after the date of this Lease or such date as may be required by Landlord for Tenant to achieve its Rental Commencement Date, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Architect and Engineers to coordinate, prepare and deliver to Landlord for Landlord’s written 's approval, the following: 1. One (1) sample board of Tenant's final kiosk materials and colors. 2. One (1) colored rendering or 8" x 10" colored photograph of Tenant's final kiosk design. 3. Two (2) blueline sets of preliminary plans for Tenant's Work, containing architectural and electrical system details, based on the information provided in the Landlord's kiosk criteria. Both sets of plans shall have been initialed by Tenant, thereby evidencing Tenant's approval either a description thereof. E. Tenant covenants and agrees that the preliminary plans will have been prepared in strict accordance with Tenant's Construction Requirements. Landlord shall promptly review the plans and notify Tenant's Architect of the Alterations matters, if any, in which the preliminary plans fail to meet with Landlord's approval. Promptly upon receipt of any such notice from Landlord, Tenant and/or Tenant's Architect shall cause the preliminary plans to be revised in such manner as is required to obtain Landlord's approval and shall submit the revised preliminary plans for Landlord's approval. Upon Landlord's determination that the preliminary plans are satisfactory, Landlord shall cause one (1) set of the plans to be initialed on Landlord's behalf, thereby evidencing Landlord's approval thereof. Landlord shall return such set so initialed to Tenant and/or Tenant's Architect. The preliminary plans bearing Landlord's approval shall become and are hereinafter referred to as the "Preliminary Plans". F. Within thirty (30) calendar days after the date of this Lease or such date as may be required by Landlord for Tenant to achieve its Rental Commencement Date, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Architect and Engineers to coordinate, prepare and deliver to Landlord, in one (1) package, one (1) complete sepia set of architectural and electrical system working drawings and specifications. Such working drawings shall have been initialed by Tenant, thereby evidencing Tenant's approval thereof. G. Tenant covenants and agrees that the working drawings will have been prepared in conformity with the Preliminary Plans and in strict accordance with Tenant's Construction Requirements. Landlord shall promptly review the working drawings and notify Tenant's Architect of the matters, if any, in which the working drawings and specifications fail to conform to the Preliminary Plans and Tenant's Construction Requirements. Within ten (10) calendar days after receipt of any such notice from Landlord, Tenant and/or Tenant's Architect shall cause the working drawings and specifications to be revised in such a manner as is required to obtain Landlord's approval and shall submit one (1) complete sepia set of revised working drawings and specifications for Landlord's approval. Upon Landlord's determination that the Alterations, as follows: (i) Tenant shall submit working drawings and written specifications (collectivelyconform to the Preliminary Plans and Tenant's Construction Requirements, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and Landlord shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: cause one (1) they are cosmetic in nature (e.g. painting, wallpapering, installation set of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work the plans and specifications to be performed inside walls initialed on Landlord's behalf, thereby evidencing Landlord's approval thereof. Landlord shall return such set so initialed to Tenant and/or Tenant's Architect. The working drawings and specifications bearing Landlord's final approval shall become and are hereinafter referred to as the "Final Working Drawings". H. Prior to the commencement of Tenant's construction, Tenant and/or Tenant's general contractor shall submit one (1) full set of Final Working Drawings, endorsed with the approval stamp and permit number of the local municipality's building department, local fire marshal and other governmental entity having jurisdiction over the construction, to Landlord's tenant construction coordinator. I. After Landlord's approval of the Final Working Drawings, no changes shall be made in the Final Working Drawings except with the prior written approval of Landlord. However, in the course of construction Landlord may make such changes in, on or above about the ceiling building as may be required as a result of "as built" conditions. During all phases of plan development and prior to bidding plans and/or commencing construction, Tenant shall make a physical on site inspection of the Premises and/or cause Tenant's Architect and/or engineer(s) to do so, to verify the existing location, conditions and physical dimensions of the Premises and conformance of the Final Working Drawings thereto. Failure to do so shall be at the sole risk and expense of Tenant. Landlord's plan review and/or approval is for compliance with Landlord's criteria only, and this approval does not relieve Tenant of responsibility for compliance with the Lease, field verification of dimensions and existing conditions, discrepancies between Final Working Drawings and as-built conditions of the Premises, coordination with other trades and (4) they will not affect job conditions or compliance with all governing codes and regulations applicable to Tenant's Work. No responsibility for proper engineering, safety and/or design of facilities or compliance with all applicable governing codes and regulations is implied or inferred on the structure or the mechanical, plumbing, HVAC, electrical or life safety systems part of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterationsby this plan approval. 2. Landlord shall review J. In the description or Plans submitted by event Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission fails to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of comply with any of the requirements stated under Sections A through I inclusive above, Landlord may, at any time thereafter, give Tenant notice that Tenant is in default of this Exhibit or the Lease. Such notice shall describe the nature of Tenant's default and shall specify a date not less than thirty (30) calendar days after the giving of such notice by which such default must be cured. Unless prior to such date Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes makes the required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterationssubmissions, Tenant shall provide be deemed incurably in default of the Lease, and Landlord with two (2) complete copies of Tenant’s Design Submission shall be entitled to all remedies specified in final form as approved by Landlordthe Lease.

Appears in 1 contract

Samples: Lease (Melt Inc)

Plans. 1. Before commencing construction Ten (10) days prior to the commencement of any Alterations, construction Tenant shall submit to Landlord for Landlord’s written 's approval either a description of the Alterations or drawings preliminary plans and specifications for the Alterationsconstruction ("preliminary Plans"). As promptly as possible after submission of the Preliminary Plans, but in any event within twenty (20) days after receipt thereof, the Landlord will notify the Tenant of any objections thereto (specifying in reasonable detail such objections) and Tenant shall cause such objections to be rectified and to promptly resubmit the revised Preliminary Plans to the Landlord. If Landlord fails to respond within such twenty (20) days, the Preliminary Plans shall be deemed approved. Landlord's right to object to the Preliminary Plans shall be limited to objections that the submitted Preliminary Plans do not provide for a quality first class structure, workmanship and materials, or functional or architectural harmony with existing improvements, or-otherwise do not meet the requirements of this Lease or any applicable Governmental Requirements. Tenant will, immediately after receipt of written notice of objections from Landlord, undertake to amend or modify the Preliminary Plans to conform to the requirements of this Lease and to cure any objections from the Landlord. In the event of Landlord's failure to give written notice of any objections within any of the requisite time periods, the Preliminary Plans as follows: (i) submitted to Landlord shall be deemed approved by the Landlord. Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: one (1) copy of the "Final Plans" to Landlord prior to submission to the Building Department for a Building Permit (the "Final Plans"). Within ten (10) days after the Final Plans have been received by Landlord for final approval, Landlord shall give written notice of its approval or disapproval thereof, specifying in the latter event, its reasons therefor. Such approval shall not be unreasonably withheld and the right to disapprove the Final Plans shall be limited to objections that they are cosmetic in nature (e.g. paintingnot consistent developments of the Preliminary Plans, wallpapering, installation of floor coverings, etc.), (2) they or do not require a building permitmeet the requirements of this Lease or applicable Governmental Requirements. In the event the Landlord fails to give notice of its approval or disapproval of the Final Plans, as submitted to Landlord, within said ten (310) they do not require work day period, the Final Plans shall be deemed approved by the Landlord. Notwithstanding anything contained in this Lease which is or may be construed to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionto be contrary, Landlord shall have no liability or obligation whatsoever in connection with any of the right to require Tenant to submit Plans and no responsibility for the adequacy thereof or for the construction of all or any portion of the proposed Alterations. 2Premises contemplated by the Plans. Landlord shall review has no duty to inspect the description or Plans submitted by Tenant (“Tenant’s Design Submission”) Premises, and notify Tenant of approval or disapproval. If if Landlord disapproves Tenant’s Design Submissionshould inspect the Premises, Landlord shall specify the reasons for its disapproval and have no liability or obligation to Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlordor any other Person arising out of such inspection. No approval such inspection, or any failure by Landlord of Tenant’s Design Submission to make objections after any such inspection, shall constitute an agreement or a representation by Landlord that the Premises is in accordance with the Plans or constitute a waiver of any of Landlord's right thereafter to insist that the requirements of this Exhibit or Premises be constructed in accordance with the LeasePlans. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Lease Agreement (Nextel Partners Inc)

Plans. 1. Before commencing construction 3.1 Prior to Commencing Construction and installation of any Alterationsthe Improvements within or adjacent to the Development Area, Tenant the Developer shall submit Plans for Landlord’s written the Improvements for approval either a description by the Municipality. The Plans shall give all necessary details of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are Improvements to be complete, with full details and finish schedulesconstructed by the Developer, and shall be stamped by an AIA architect licensed in conform to the state or district in which Design Standards. The Plans shall include a construction timetable for the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description construction and installation of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic Improvements and the Developer shall comply with all time limits and dates specified in nature (e.g. painting, wallpapering, installation the construction timetable. Where the design of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterationsrequired Improvements are entirely contained within the Design Standards, the Developer shall submit the Municipality’s standard design obtained from the Design Standards. The Plans shall include a site drainage and surface water management plan that outlines the drainage of the internal road system, erosion prevent systems (if required), and direction of site drainage within the Development Area. 2. Landlord 3.2 The Municipality agrees that it shall review not unduly delay in granting its approval, or in rejecting Plans which have been submitted by the description or Developer to the Municipality. 3.3 If the Municipality does not approve whatever Plans submitted by Tenant (“Tenant’s Design Submission”) the Developer, the Developer shall be entitled to refer any dispute with regard to the Plans to the Municipality's Council. The decision of the Municipality's Council shall be final and notify Tenant binding. 3.4 The Developer shall not commence construction or commence installation of the Improvements, or any portion, until such time as the Municipality has issued written approval or disapprovalof the Plans. If Landlord disapproves Tenant’s Design SubmissionSubject to the terms of this Agreement, Landlord it is understood and agreed between the Municipality and the Developer that the Developer shall specify be entitled to construct the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit Improvements in accordance with the same to Landlord as so revised until Tenant’s Design Submission is Plans once such Plans have been approved by Landlord. No the Municipality. 3.5 It is understood and agreed that the Municipality's approval by Landlord of Tenant’s Design Submission the Plans for the Improvements shall constitute be in principle only and, in the case of unforeseen conditions which may adversely affect development, or in the case where a waiver of Improvement to be built in accordance with the Plans would not be suitable for the purposes intended, the detailed design specifications for any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements Improvements shall be subject to review and revision, from time to time, by the Municipality in accordance with the Design Standards and in accordance with accepted engineering and construction practices. 3.6 The Developer acknowledges and agrees that the Municipality's approval of Landlord’s engineers. Landlord also reserves the right Plans is in no way intended to require Tenant to submit copies be a warranty, representation or guarantee by the Municipality or its engineer respecting the content of shop drawings the Plans, including, without restricting the generality of the foregoing: (a) whether the Plans are suitable for Landlord’s review and approvalthe intended purpose; (b) whether the Plans comply with any required federal, provincial or municipal legislation or regulation; (c) whether the Plans comply with the Design Standards; and (d) whether the Plans are in accordance with standard acceptable engineering practices. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Development Agreement

Plans. 1The Outline Specifications (herein so called) are attached hereto as Exhibit C and made a part hereof for all purpose. Before commencing construction of any AlterationsBased upon the Program and the Outline Specifications, Tenant Landlord shall submit for Landlord’s written approval either a description of prepare the Alterations or drawings and specifications design plans for the Alterations, as follows: (i) Tenant shall submit drawings Building and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building other improvements (collectively, the “Building SystemsSchematic Plans)) consistent with the Program and the Outline Specifications. Notwithstanding that Tenant shall have the right to approve the Schematic Plans, which approval shall not be unreasonably withheld; provided that, Tenant will only have the right to object to the Schematic Plans to the extent the same are inconsistent with the Program, the Outline Specifications or previous agreements of Landlord and Tenant with respect to the design of the Improvements. In the event Tenant fails to notify Landlord of any objections to the Schematic Plans within five (5) days after the delivery hereof by Landlord, then the Schematic Plans shall be deemed to be approved. After Tenant’s proposed Alterations satisfy all approval (or deemed approval) of the preceding criteriaSchematic Plans, upon review Landlord shall provide to Tenant for its approval working drawings (the “Plans”) depicting the Building and improvements to be constructed on behalf of Tenant; provided that, Tenant shall only have the right to object to the Plans to the extent the same are inconsistent with the Schematic Plans, the Outline Specifications or previous agreements of Landlord and Tenant with respect to the design of the Improvements. To the extent Tenant fails to notify Landlord that it disapproves of the initial Plans within five (5) days after the delivery thereof by Landlord, then Tenant shall be deemed to have approved the Plans in question. During the process of approval of the Plans, Landlord shall cooperate with and make reasonable good faith efforts to accommodate Tenant’s submissionstated needs and desires for the look, layout, and function of the Premises, provided that Landlord need not approve or accommodate Tenant’s requests which have a material adverse impact on the Building Shell. Landlord and Tenant both agree to act reasonably in reviewing and commenting on, and agreeing upon, the Program, Schematic Plans and Plans. However, in the event Landlord and Tenant fail to agree upon the Plans, Schematic Plans or Plans within thirty (30) days after Landlord’s delivery of the same to Tenant, Landlord shall have the right to require terminate this Lease upon delivery of written notice to Tenant to submit Plans for all or at any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject time prior to approval of Landlord’s engineers. such items by both by Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalTenant. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) If applicable, Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect or engineer licensed in the state or district in which the Property is located certifying compliance with building codeslocated. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not materially affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any material changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Surgalign Holdings, Inc.)

Plans. Improvements shall be constructed in the Premises [n accordance with this Paragraph 1. Before commencing construction Prior to the commencement of any Alterationsconstruction in the Premises by Tenant, Tenant shall submit furnish to Landlord for Landlord’s written 's review and approval either a description of the Alterations or drawings (which approval shall not be unreasonably withheld) detailed layout plans and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written finish specifications (collectively, “the "Space Plans") for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped prepared by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting reasonably acceptable to Landlord. The Space Plans if the proposed Alterations meet shall show all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work improvements which Tenant desires to be performed inside walls or above the ceiling of constructed in the Premises, and (4) they will not affect the structure all such improvements shall comply with all applicable building codes and other legal requirements. The Space Plans shall separately note any proposed structural work or the mechanicalextraordinary or supplemental electrical, plumbingplumbing or HVAC requirements, HVAC, electrical or life safety systems and shall contain such detail and specifications as would permit a general contractor to obtain preliminary estimates of the Building cost of performing all work shown thereon. The Space Plans shall identify any "Iong4ead" materials (as described in Paragraph 1.e. below) then known by Tenant or Tenant's architect. Provided that Landlord shall have received copies of all prior drafts and interim copies of the proposed Space Plans, Landlord shall respond to the Space Plans within five (5) Business Days of its receipt thereof. Tenant shall respond promptly to any reasonable objections of Landlord to the Space Plans and shall resubmit appropriately revised Space Plans prepared by Tenant's architect within ten (10) Business Days of Tenant's receipt of Landlord's objections. The Space Plans, as finally approved in writing by Landlord, shall be referred to herein as the "Final Space Plans." Within thirty (30) days of the date Landlord approves in writing the Space Plans, Tenant shall furnish to Landlord for Landlord's review and approval (which shall not be unreasonably withheld) working plans and specifications, and a schedule and budget for the construction (collectively, the “Building Systems”). Notwithstanding that "Working Drawings") prepared by Tenant’s proposed Alterations satisfy 's architect for all of the preceding criteria, upon review improvements which Tenant desires to be constructed in the Premises. The Working Drawings shall show improvements that conform to the Final Space Plans (except to the extent specifically noted therein or in accompanying specifications) and shall be in sufficient detail as to enable the general contractor for the work to obtain all necessary governmental permits for construction of Tenant’s submission, Landlord shall have all of the right improvements and to require Tenant secure complete bids from qualified contractors to submit Plans perform the work for all or any portion of the proposed Alterations. 2improvements to be constructed in the Premises. Landlord shall review respond to the description or Plans submitted by Tenant Working Drawings within ten (“Tenant’s Design Submission”10) and notify Tenant Business Days of approval or disapprovalits receipt thereof. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission respond promptly to meet Landlord’s objections, any reasonable objections of Landlord to the Working Drawings and shall resubmit the same to Landlord as so appropriately revised until Working Drawings prepared by Tenant’s Design Submission is approved by Landlord. No approval by Landlord 's architect within ten (10) Business Days of Tenant’s Design Submission shall constitute a waiver 's receipt of any of the requirements of this Exhibit or the LeaseLandlord's objections. Tenant shall not make any changes to Tenant’s Design Submission after approval (The Working Drawings, as approved in writing by Landlord, including changes required as revised by Tenant from time to obtain governmental permits, without obtaining time with Landlord’s 's written approval in each instanceaccordance with the following provisions of this Paragraph 1, are hereinafter called the "Final Plans", and the improvements to be performed in accordance with the Final Plans are hereinafter called the "Tenant Improvements"). 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Lynx Therapeutics Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications prepared by and at the expense of Tenant theretofore submitted to Landlord for its prior written approval; no installations or work shall be undertaken, started or begun by Tenant, its agents, servants or employees, until Landlord has approved such plans and specifications; and no amendments or additions to such plans and specifications shall be made without the Alterations, as follows: (i) Tenant shall submit drawings and prior written specifications (collectively, “Plans”) for all consent of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesLandlord, and shall be stamped subject to Landlord’s supervisory fee charge. Tenant agrees that it will not, either directly or indirectly, use, suffer or permit any contractors, sub-contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by an AIA architect licensed Tenant or Landlord or others in the state construction, maintenance and/or operation of the Building or district any part thereof. Tenant shall, before making any alterations, additions, installations or improvements, at its expenses, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors material persons to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic’s liens upon the real property if which the demised premises are located, for all property in which the Property is demised premises are located certifying compliance for all work labor and services performed and materials furnished in connection with building codes. (ii) such work after payment therefore, signed by all contractors, sub-contractors, materialmen and laborer involved in such Work. Notwithstanding the foregoing, if any mechanic’s lien’s filed against the demised premises, or the Building, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article the same shall be discharged by Tenant may submit a complete description of within ten days thereafter, at Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if expenses, by filing the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)bond required by law. Notwithstanding that TenantFailure t_ so discharge any mechanic’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements lien shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvala material default under this lease. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Accentia Biopharmaceuticals Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for construction of all improvements and major repairs or replacements undertaken by the AlterationsLessee shall be submitted to and receive the written approval of the Lessor's Airport Manager, as follows: Airport Manager’s approval shall not be unreasonably withheld or delayed, and if necessary the Federal Aviation Administration (i) Tenant FAA), and no such work shall commence until such written approvals are obtained. Lessee shall first submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are or cause to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if submitted to Lessor for written approval the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls architectural or above the ceiling of the Premises, engineering plans and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion specifications of the proposed Alterations. 2. Landlord shall work, in such detail as to allow a proper review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of for approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No FAA approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements work is not needed, Airport Manager shall advise Lessee within fourteen (14) calendar days after receipt of this Exhibit the written request, along with plans and specifications, of City's approval or the Leasedisapproval. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to If FAA approval of Landlord’s engineers. Landlord also reserves the right work is needed, Lessee will submit to require Tenant to submit copies of shop drawings FAA any forms or documentation required for Landlord’s FAA review and approval, and provide a copy of the FAA submitted forms or documentation to the Airport Manager. The Airport Manager shall advise Lessee within fourteen (14) calendar days after receipt of FAA's approval or disapproval. Upon approval from Lessor and, if necessary, the FAA, Lessee must then obtain all necessary building permits from the City. When constructing any building or improvement upon the Leased Premises, the plans and specifications shall be prepared by Texas state-licensed architects and engineers. Lessee will accomplish the work as approved in accordance with the plans and specifications, or as the same may thereafter be modified with the consent of Lessor's Airport Manager. Within sixty (60) calendar days of the issuance of the Certificate of Occupancy for any work in accordance with this section, Lessee shall provide the Lessor's Airport Manager with a complete full- size set of as-built plans. 4. Before commencing A. Lessee shall include in all Lessee construction contracts the following provisions: (1) Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Arlington and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any Alterationsperson or for loss of, Tenant shall provide Landlord damage to, or loss of use of any property occasioned by error, omis- sion or negligent act of contractor, his officers, agents, employees, subcontractors, invitees or any other persons, arising out of or in connection with two the performance of this contract, and contractor will at his or her own cost and expense defend and protect the City of Arlington from any and all such claims and demands. (2) complete copies Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Tenant’s Design Submission Arlington and all of its officials, officers, agents and employees, from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorneys fees for injury or death of any person or for loss of, damages to, or loss of use of any property, arising out of or in final form connection with the performance of this contract. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Arlington, its officers, officials, agents or employees. It is the express intention of the parties thereto that the indemnity provided for in this paragraph is indemnity by contractor to indemnify and protect the City of Arlington from the consequences of the City of Arlington's own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. (3) In any and all claims against any party indemnified hereunder by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or for the contractor or any subcontractor under workers' compensation or other employee benefit acts. B. Lessee shall require the contractor, in all Lessee construction contracts, to furnish insurance in such amounts as specified in this Lease. C. Lessee agrees that all work to be performed by it or its contractor, including all workmanship and materials, shall be of good quality and shall be performed in full compliance with the architectural and engineering plans approved by Landlordthe City of Arlington Building Officials. Lessee shall assume the risk of loss or damage to all such work prior to the completion thereof. Lessee shall repair or replace any such loss or damage without cost to Lessor. D. Lessee shall deliver within five (5) calendar days drawings and specifications detailing any changes or modifications made in or to the improvements initially approved by Lessor. E. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. F. Lessee expressly agrees in the making of any repairs on the improvements that, except with the written consent of the Lessor, it will neither give nor grant, nor purport to give or grant any mechanic’s lien upon the Leased Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party would be entitled, as a matter of law, to a mechanic lien against said Leased Premises and improvements thereon, and Lessee will discharge any such lien within ninety (90) days after notice of filing thereof. Nothing herein shall prohibit any lien by a lender or mortgagee. G. Nothing in this Lease shall be construed as an agreement by the Lessor to waive any lien the Lessor may have, constitutional, statutory or contractual, upon any leasehold improvements on the property. H. The complete cost of developing all necessary plans and specifications as provided herein and the construction of improvements and facilities which support the Lease whether off site or upon the Leased Premises by Lessee shall be borne solely by Lessee and be at no expense to Lessor whatsoever. Lessee shall be responsible for the repair or replacement of any offsite areas disturbed by the development of the Leased Premises. The Lessor, however, will reimburse Lessee up to an amount not to exceed $48,000 for costs related to removal of asphalt which City left in place on Exhibit “B” construction site to avoid erosion. This work will be done for site preparation prior to the construction of the Exhibit “B” improvements. Lessee will invoice reimbursement costs once the work has been approved by Lessor.

Appears in 1 contract

Samples: Lease Agreement

Plans. 1Landlord shall not unreasonably withhold or delay its approval of the Tenant's Plans or any components thereof. Before commencing construction Landlord shall approve or disapprove Tenant's Plans within five (5) Business Days after submission of any Alterationssuch Plans by Tenant to Landlord. Any disapproval shall be accompanied by a reasonably specific statement of reasons therefore. Landlord shall cooperate with Tenant in Tenant's efforts to address Landlord's basis for such disapproval. In the event of such disapproval, Tenant shall submit for promptly cause the Tenant's Plans to be revised in a manner sufficient to remedy the Landlord’s written 's reasonable objections and/or respond to the Landlord's concerns and shall deliver such revised plans to Landlord, and Landlord shall either approve (which approval either shall not be unreasonably withheld, conditioned or delayed) or disapprove Tenant's revised plans (such disapproval to be on a description reasonable basis) within five (5) Business Days following the date of submission. The work specified in Tenant's Plans shall be called "Tenant's Work." Tenant estimates that it will expend the amount set forth in Section 1.1 hereof ("Tenant's Estimated Contribution") in the completion of Tenant's Work. Tenant's Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to Landlord's reasonable approval. Tenant covenants that the improvements shown on Tenant's Plans, if constructed in accordance with such Plans, shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Alterations or drawings Americans with Disabilities Act of 1990, and specifications for the Alterations, as follows: (iregulations promulgated thereunder) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all the requirements of Tenant’s Alterations, including mechanical, electrical the Rules and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesRegulations, and shall be stamped by an AIA architect licensed in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord shall cooperate with Tenant in obtaining, at Tenants' sole cost and expense, all permits and approvals necessary for Tenant to perform Tenant's Work. In the event a governmental authority will not issue a permanent certificate of occupancy for the Premises or such authority orders Tenant to stop the performance of Tenant's Work, in whole or in part, due to a deficiency or defect in the state Base Building Work or district any other defect or deficiency in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if Building, the proposed Alterations meet all of the following criteria: Rent Commencement Date shall be delayed one (1) they are cosmetic in nature (e.g. painting, wallpapering, installation day for each day of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls delay until such defect or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission deficiency is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval remedied by Landlord, including changes required to obtain governmental permitsat its cost, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlordthe governmental authority.

Appears in 1 contract

Samples: Lease Agreement (Repligen Corp)

Plans. 1(a) (i) Attached hereto as Schedule I is a preliminary layout of the Premises acceptable to Landlord and Tenant. Before commencing construction Within a reasonable period of any Alterationstime after the date hereof, Landlord shall cause its architect and/or engineer to prepare preliminary plans (the "Preliminary Plans") and submit same to Tenant. Within ten (10) Business Days after Tenant's receipt of the preliminary plans, Tenant shall provide Landlord with any objections to same, failing which the preliminary plans will be deemed approved by Tenant. In the event Tenant has any objections, Tenant shall advise Landlord of same in sufficient detail to allow Landlord to respond to such objections and, provided such objections were timely delivered, then Landlord shall, within a reasonable period of time after receipt thereof, revise the preliminary plans and re-submit for Landlord’s written approval either a description same to Tenant. Tenant shall respond within five (5) Business Days after its receipt of any re-submission of the Alterations or drawings Preliminary Plans. The process set forth above shall continue until Landlord and specifications for Tenant have approved the AlterationsPreliminary Plans in their entirety, as follows: (i) Tenant at which time the Preliminary Plans shall submit drawings and written specifications (collectively, “become the Final Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectivelyNotwithstanding anything contained herein, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of foregoing, if Landlord and Tenant are unable to agree upon the preceding criteriaPreliminary Plans after Landlord's first revision thereof, upon review of Tenant’s submission, then Landlord shall have the right to require terminate the Lease, in which case the parties shall have no further liabilities to one another (other than those accruing prior to such termination), and provided Tenant to submit Plans for all or any portion of is not in default under the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionLease, Landlord shall specify the reasons for its disapproval return to Tenant any Security Deposit and Tenant shall revise Tenant’s Design Submission pre-paid rent previously delivered to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Matinas BioPharma Holdings, Inc.)

Plans. The Tenant Improvements shall be constructed substantially ----- as shown on the conceptual space plan for the Premises prepared by Xxxx Xxxxx Architects who has been retained by Tenant as the space planner for the Premises ("Space Planner"), dated January 10, 2000 ("Space Plan"). On or before April 1. Before commencing , 2000 Tenant will cause the Space Planner to prepare and deliver to Landlord detailed plans and specifications sufficient to permit the construction of any Alterations, the Tenant Improvements by Landlord's contractor ("Construction Documents"). Such Construction Documents shall submit for be subject to Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations's approval, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesprovided in Article 6, and shall be stamped by an AIA architect licensed in incorporate Building standard finishes or such other finishes as Landlord may reasonably approve. Landlord will bid the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, work to at least three (3) they do not require general contractors and provide Tenant with a cost estimate for the work shown in the Construction Documents. Tenant may include a general contractor and subcontractors (other than for structural or building system trades) on the bid list. Tenant shall respond to be performed inside walls the Construction Documents and cost estimate within five (5) days after receipt thereof, specifying any changes or above modifications Tenant desires in the ceiling Construction Documents. The Space Planner will then revise the Construction Documents and resubmit them to Tenant and Landlord for their approval and Landlord will provide Tenant with a revised cost estimate. Tenant shall approve or disapprove the same within three (3) days after receipt. The revised Construction Documents and cost estimate, as approved by Tenant and Landlord, are hereinafter referred to as the "Final Construction Documents" and "Final Cost Estimate," respectively. Additional interior decorating services and advice on the furnishing and decoration of the Premises, and (4) they will not affect such as the structure selection of fixtures, furnishings or design of mill work, shall be provided by Tenant at its expense, but shall be subject to the mechanical, plumbing, HVAC, electrical or life safety systems reasonable approval of Landlord. As part of the Building (collectivelyTenant Improvements, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord Tenant shall have the right at its sole cost and expense to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submissioninstall, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionsoperate, and shall resubmit maintain a separate security system for access to the same to Landlord as so revised until Premises ("Tenant’s Design Submission is 's Security System") in accordance with plans and specifications reasonably approved by Landlord. No approval Upon the expiration or earlier termination of the Lease, unless otherwise directed by Landlord Tenant shall remove Tenant's Security System and repair any damage to the Premises or Building caused by the installation and subsequent removal of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance's Security System. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (C Bridge Internet Solutions Inc)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within ten (10) days after the Phase 2 Expansion Space Delivery Date, Tenant shall submit for Landlord’s written approval either deliver to Landlord a description of space plan (the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “PlansPhase 2 Space Plan”) for all of depicting Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed 's desired improvements in the state or district in which the Property is located certifying compliance with building codes. Phase 2 Expansion Space (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building SystemsPhase 2 Tenant Improvements”). Notwithstanding that Tenant’s proposed Alterations satisfy all Within ten (10) days after receipt of the preceding criteria, upon review of Tenant’s submissionTenant Phase 2 Space Plan, Landlord will review and approve or disapprove the Tenant Phase 2 Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Phase 2 Space Plan, it shall have state with particularity the right reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Phase 2 Space Plan to require Tenant address Landlord's concerns and resubmit to submit Plans Landlord for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionUpon approval of the Tenant Phase 2 Space Plan, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission cause working drawings (hereafter, “Tenant Phase 2 Working Drawings”) of the Phase 2 Tenant Improvements shown on the Tenant Phase 2 Space Plan to meet Landlord’s objections, be prepared and shall resubmit the same delivered to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission The Tenant Phase 2 Working Drawings shall constitute a waiver of any consist of the requirements plans and specifications in the form of this Exhibit working drawings or construction drawings identifying Tenant's interior layout of the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordPhase 2 Expansion Space, including changes required to obtain governmental permitscomplete sets of architectural, without obtaining Landlord’s written approval in each instance. 3. All structural, mechanical, electrical, structural and floor loading requirements plumbing working drawings for all Phase 2 Tenant Improvements, in each case to the extent applicable. The Tenant Phase 2 Working Drawings shall include written instructions or specifications as may be necessary or required to secure a building permit from the City of Eden Prairie for said improvements to commence in due course. The Tenant Phase 2 Working Drawings shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review prepared by architects and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as engineers selected by Xxxxxx and reasonably approved by Landlord.Xxxxxxxx. Within ten (10) days after delivery of the Tenant Phase 2 Working

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. 1. Before commencing On or before March 31, 2000 Tenant will select and retain a licensed architect ("Space Planner") to provide interior space planning, programming, construction documentation, obtaining a building permit and all other approvals from applicable governmental authorities for the construction of any AlterationsTenant Improvements, and construction administration services. The Space Planner is subject to Landlord's approval, which approval shall not be unreasonably withheld. Upon Tenant's selection of the Space Planner, Tenant shall submit to Landlord the name of the Space Planner for Landlord’s written approval either a description 's approval. Within five (5) Business Days after Landlord is notified of the Alterations name of the Space Planner, Landlord shall either approve the Space Planner, or drawings notify Tenant of Landlord's disapproval of such Space Planner. Landlord hereby approves either Interior Architects or Dollar Grumman as the Space Planner. Tenant shall cause the Space Planner to prepare a conceptual space plan ("Space Plan") for the Premises utilizing Building Standard Tenant Improvements. Tenant shall devote such consultation time with Landlord and the Space Planner, and shall furnish the Space Planner such information, as may be necessary to finalize the Space Plan, including but not limited to: (a) Any requirements of Tenant for Above-Standard Tenant Improvements. (b) Special loading and floor requirements, such as the location of cabinets, safes, file systems or special equipment. (c) Openings in the walls or floors. (d) Special electrical, HVAC, plumbing work, fire suppression systems, or UPS/PDU systems. (e) Location and type of partitions, including doors and hardware. (f) Special cabinet work or other millwork or millwork-related items. (g) Variations from standard ceiling heights. (h) any areas for uses other than standard office use. (i) Selection of floor coverings and any special wall or interior window coverings; provided, however, that Building Standard window coverings shall be used on all exterior windows. (j) Elevator Lobby finishes on all floors above the ground floor. Tenant shall cause the Space Planner to deliver Tenant's Space Plan to Landlord on or before June 30, 2000. Within ten (10) Business Days after receipt of Tenant's Space Plan, Landlord shall either (i) approve Tenant's Space Plan, which approval shall not be unreasonably withheld, or (ii) notify Tenant in writing of specific requests for changes and corrections as may be necessary to ensure compatibility with the Base Building Plans and the Building Standard Tenant Improvements and to receive approval from Landlord. If Landlord has requested changes or corrections, Tenant shall revise the proposed Space Plan accordingly and deliver Tenant's revised Space Plan to Landlord within five (5) Business Days after receipt of Landlord's request. Within three (3) Business Days after receipt of Tenant's revised Space Plan, Landlord shall either approve the revised Space Plan or specify needed changes or corrections as described above (and the process shall continue as needed to obtain Landlord's approval); provided, however, Tenant shall make such changes as requested by Landlord, as provided above, and use commercially reasonable efforts to cause the Space Plan to be approved by Landlord on or before July 31, 2000. Within sixty (60) days after Landlord's approval of the final Space Plan, Tenant shall cause the Space Planner to prepare and deliver to Landlord detailed plans and specifications ("Working Drawings and Specifications") in conformance with the Space Plan approved by Landlord and in form and substance sufficient to satisfy all applicable requirements for issuance of all requisite governmental approvals and permits and sufficient to permit CIC to begin construction of Tenant Improvements. Within ten (10) Business Days after receipt of the Working Drawings and Specifications, Landlord shall either (i) approve the Working Drawings and Specifications, which approval shall not be unreasonably withheld, or (ii) notify Tenant in writing of the changes or corrections needed to ensure compatibility with the Base Building and the Building Standard Tenant Improvements and to receive approval from Landlord. If Landlord has requested changes or corrections, Tenant shall cause the Space Planner to revise the Working Drawings and Specifications accordingly and deliver Tenant's revised Working Drawings and Specifications to Landlord within five (5) Business Days after receipt of Landlord's request. Within five (5) Business Days after receipt of Tenant's revised Working Drawings and Specifications, Landlord shall either approve the revised Working Drawings and Specifications or specify needed changes or corrections as described above (and the process shall continue as needed to obtain Landlord's approval); provided, however, Tenant shall make such changes as requested by Landlord, as provided above, to cause the Working Drawings and Specifications to be approved by Landlord on or before November 30, 2000, so that Tenant can immediately thereafter cause such Working Drawings and Specifications to be submitted to the City for an application for a permit. The revised Working Drawings and Specifications, as approved by Tenant and Landlord, are hereinafter referred to as the "Final Working Drawings and Specifications". Tenant's Space Planner shall apply, in time to avoid delays in construction of Tenant Improvements, to (a) the City for a building permit, and (b) any other applicable governmental authority having jurisdiction over approval over construction of Tenant Improvements, to construct the Tenant Improvements in accordance with the Final Working Drawings and Specifications. CIC will cooperate with Tenant's Space Planner in the application for the Alterationsbuilding permit, and in the administration of the contract. Upon receipt of the Final Working Drawings and Specifications, CIC will contact subcontractors to bid on the work contained in the Final Working Drawings and Specifications using bid packages prepared by Tenant's Space Planner. CIC will competitively bid subcontracts using three (3) subcontractors for each trade (except that for each of the following systems Landlord may select one [1] subcontractor to bid: heating, ventilating and air-conditioning; electrical; plumbing; and life safety). Tenant may add names to the subcontractor bid list prior to such subcontracts being put to bid, subject to the reasonable right of CIC and Landlord to review and reasonably approve subcontractors based on their qualifications, including quality of work, creditworthiness, and experience. Tenant shall have the right to review the subcontractors' written bids. CIC shall construct the Tenant Improvements on an open book basis, under a guaranteed maximum price contract, with a fee not to exceed four percent (4%) of the cost of the work, and a charge for general conditions not to exceed eight percent (8%) of the cost of the work. Other than the fees and charges payable to CIC in accordance with the immediately preceding sentence, Landlord shall not be entitled to any separate or additional fee for supervising construction of the Tenant Improvements. After CIC has sent to Tenant the bids from all subcontractors for all work put out to subcontractors for bid, CIC will provide Tenant and Landlord with a bid for the work shown in the Final Working Drawings and Specifications. Tenant shall approve or disapprove the bid within five (5) Business Days after receipt; provided, however, that Tenant may only disapprove such cost estimate if Tenant delivers to CIC and Landlord, within such five (5) Business Day period, specific changes proposed by Tenant that are consistent with the Space Plan and do not constitute changes that would result in any of the circumstances described in items (i) through (iv) in the next succeeding paragraph. The revised cost estimate, as approved by Tenant and Landlord, is hereinafter referred to as the "Final Cost Estimate". Once the Final Working Drawings and Specifications have been approved by Landlord and Tenant, Tenant shall make no changes or modifications thereto without the prior written consent of Landlord, which consent shall be based upon the following criteria. Landlord may withhold consent to any change or modification to the Final Working Drawings and Specifications if (x) in Landlord's sole discretion such change or modification would result in any of the circumstances described in items (iii) or (iv) below, or (y) in Landlord's reasonable discretion such change or modification would result in any of the circumstances described in items (i) or (ii) below. Any change requested by Tenant to the Final Working Drawings and Specifications and approved by Landlord is hereby defined as "Change Order," and collectively called "Change Orders." The items referenced above are as follows: (i) directly or indirectly delay having the Premises (or any portion thereof) Substantially Complete (provided, however, before consenting to any such changes, Landlord may require Tenant shall submit drawings and written specifications (collectively, “Plans”) for all to acknowledge in writing the number of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes.days of Tenant Delay that Landlord estimates will result from having such changes made); (ii) increase the cost of designing or constructing the Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if Improvements above the proposed Alterations meet all cost of the following criteria: Tenant Improvements depicted on the Space Plan (1unless within five (5) they are cosmetic Business Days after receipt thereof Tenant agrees in nature writing to pay any such increase in the cost of designing and constructing Tenant Improvements); (e.g. paintingiii) be of lower quality than the quality of the Building Standard Improvements; and/or (iv) require any changes to the applicable Building's shell or core. All Change Orders shall be signed by Landlord, wallpaperingTenant, installation of floor coveringsand CIC. The Building Architect will measure the Premises based on the Final Working Drawings and Specifications, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above and Landlord and Tenant will confirm the ceiling exact area of the Premises, including usable and rentable square footage, in writing prior to the Rent Commencement Date. If Tenant fails to either (4a) they will not affect provide the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right documents required to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted be provided by Tenant under this Exhibit B within the applicable time specified herein, or (“Tenant’s Design Submission”b) and notify Tenant of give its written approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or foregoing items within the Lease. time periods provided above, the same shall constitute Tenant Delay, and Tenant shall not make any changes be responsible for all additional costs and delays arising from its failure to Tenant’s Design Submission after approval by Landlordso approve such items, including changes required to obtain governmental permits, without obtaining Landlord’s written approval as provided in each instanceParagraph 2.5 below. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

Plans. 1. Before commencing construction a. On Tenant’s behalf, Landlord shall select architects and engineers (collectively “Architect”), who will do the following at Tenant’s expense (which expense shall be deducted from the Allowance): i. Attend a reasonable number of any Alterations, meetings with Tenant shall submit for and Landlord’s written approval either a description of the Alterations or drawings and specifications agent to define Tenant’s requirements for the Alterations, as follows:Tenant Improvements. ii. Provide a space plan (i) Tenant shall submit drawings and written specifications (collectively, PlansSpace Plan”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4iii. Before commencing Complete construction drawings for Tenant’s partition layout, reflected ceiling grid, telephone and electrical outlets, keying, and finish schedule (“Construction Drawings”) based on the Space Plan. iv. Complete building standard mechanical plans where necessary (for installation of air conditioning system and duct work, and heating and electrical facilities) for the work to be done in the Premises (“Mechanical Drawings”) (the Space Plan, Construction Drawings and Mechanical Drawings are collectively referred to as the “Plans”). b. Tenant shall review and provide comments to or approve the Space Plan, in writing, within five (5) business days after receipt. Any Tenant delay in reviewing the Space Plan shall not delay the Commencement Date under the Lease. c. Tenant also review and provide comments or approve the Construction Drawings and Mechanical Drawings within five (5) business days after receipt. Failure to provide any comments to the Construction Drawings or Mechanical Drawings within five (5) business days after receipt shall constitute Tenant’s approval of such Construction Drawings or Mechanical Drawings. d. All Plans (and any modifications to the Plans) shall be subject to Landlord’s prior written approval. Landlord agrees that it will not unreasonably withhold its approval of the Plans, or modifications to the Plans; provided, however, Landlord shall have sole and absolute discretion to approve or disapprove any Tenant Improvements that will be visible to the exterior of the Premises, or which may affect the structural integrity of the Building. Any approval of the Plans by Landlord shall not constitute approval of any Alterations, delays caused by Tenant and shall provide not be deemed a waiver of any rights or remedies that may arise as a result of such delays. Landlord with two (2) complete copies may condition its approval of Tenant’s Design Submission in final form as approved by Landlordthe Plans on Tenant paying rent prior to completion of the Tenant Improvements if the Plans require special design elements or materials that would cause Landlord to deliver possession of the Premises to Tenant after the scheduled Commencement Date.

Appears in 1 contract

Samples: Office Lease (Spherix Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of cause the Alterations or drawings Architect to prepare architectural plans and specifications (the "Proposed Architectural Plans"), which generally conform to Tenant’s Space Plan which will be submitted to Landlord for approval on or before November 17 2014. The Proposed Architectural Plans will consist of fully dimensioned and complete sets of plans and specifications, including detailed architectural plans for the AlterationsImprovements, as follows: and will include, in addition to all items required to be included in the Space Plan, the following, to the extent applicable: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterationsreflected ceiling plan, including mechanicallighting, electrical switching and cablingspecial ceiling specifications, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description details of Tenant’s Alterations all millwork, (including sketches or diagrams as necessaryiii) in lieu dimensions of submitting Plans if the proposed Alterations meet all equipment and cabinets to be built in, (iv) furniture plan showing details of the following criteria: space occupancy, (1v) they are cosmetic in nature keying schedule (e.g. painting, wallpapering, installation of floor coverings, etc.Premises must be keyed to permit entry by Building master key), (2) they do not require a building permitif any, (3vi) they do not require work lighting arrangement, (vii) weight and location of heavy equipment, and anticipated electrical and mechanical loads for special usage rooms, (viii) demolition plan, (ix) partition construction plan, (x) all requirements under the Americans With Disabilities Act and other applicable acts, laws, or governmental rules or regulations pertaining to be performed inside walls or above the ceiling of the Premisespersons with disabilities, and all other applicable governmental requirements, and (4xi) they will not affect final finish selections, and any other details or features requested by Landlord. The Proposed Architectural Plans must be substantially consistent with the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or Space Plan without any portion of the proposed Alterations. 2material changes. Landlord shall or Landlord’s outside architect will review the description Proposed Architectural Plans and either approve or disapprove the Proposed Architectural Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapprovalwithin 2 business days after the date Landlord receives the Proposed Architectural Plans. If Landlord disapproves Tenant’s Design Submissiondoes not approve the Proposed Architectural Plans, Landlord shall specify will inform Tenant in writing of its objections and Tenant will revise the reasons same and deliver a corrected version to Landlord for its disapproval and approval within 5 days after the date Tenant shall revise Tenant’s Design Submission to meet receives Landlord’s objections, disapproval notice. The approval and shall resubmit revision process for the revised Proposed Architectural Plans will be the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlorddescribed in the previous 2 sentences. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordThe final Proposed Architectural Plans, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by LandlordLandlord and Tenant, are referred to herein as the "Approved Architectural Plans." Tenant or the Architect

Appears in 1 contract

Samples: Office Lease (Lattice Semiconductor Corp)

Plans. 1. Before commencing construction of any AlterationsOn or before November 16, 2001, Tenant shall submit cause its architect and/or engineer ("Tenant's Architect") to prepare detailed space plans for Landlord’s written approval either a description the Tenant Improvements sufficient to convey the architectural design of the Alterations Tenant Improvements (the "Space Plans"). Landlord shall review and approve or drawings and specifications disapprove of Space Plans by the date set forth on the Schedule attached hereto as Exhibit D-3, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves, either in whole or in part, of Tenant's Space Plans, Landlord shall provide to Tenant with reasonable specificity Landlord's reasons for the Alterations, as follows: (i) its disapproval. Tenant shall submit drawings and written specifications (collectively, “Plans”) for promptly correct or otherwise address all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped disapproved items identified by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codesLandlord. (ii2.1.1 Based on the approved Tenant's Space Plans, Tenant shall cause Tenant's Architect, in consultation with Landlord's engineer(s) Tenant may submit a and consultant(s) to prepare complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingarchitectural, wallpaperingelectrical, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building and structural drawings and internal or external communications or special utility facilities which will require conduit or other improvements within common areas (collectively, the “Building Systems”"Construction Documents"). Notwithstanding that Tenant’s proposed Alterations satisfy all The Construction Documents shall be submitted to Landlord in form sufficient for the permitting and construction of the preceding criteriaTenant Improvements, upon review and the bidding of the Tenant Improvements (that is, in such form so that, if approved by Landlord without revision, the same would be sufficient for the permitting and construction of the Tenant Improvements, and the bidding of the Tenant Improvements). Within the time period referenced in Exhibit D-3, Landlord or its designated contractor shall provide Tenant with a list of its objections, modifications, deletions or qualifications to the same. No later than the date set forth on Exhibit D-3, Tenant shall cause Tenant’s submission's Architect and the engineer to prepare final drawings, plans, and specifications (the "Final Construction Documents"), based on the Construction Documents but conforming to Landlord's objections, modifications, deletions or qualifications. No plans and specifications shall constitute the Final Construction Documents hereunder unless and until the same have been approved in writing by both Landlord and Tenant. Landlord and Tenant agree to comply with the construction schedule set forth on Exhibit D-4. The fees of the Architect and engineer shall be paid by Landlord from the "Tenant Improvement Allowance". 2.1.2 Prior to the commencement of the Tenant Improvements, Landlord shall submit to Tenant a written estimate of the Cost of the Work (as hereinafter defined) for all Tenant Improvements required by the Construction Documents. Thereafter, Tenant shall either approve the estimate or disapprove specific items and submit to Landlord revisions to the Construction Documents which reflect the deletion and/or substitution of such disapproved items. Submission and approval of the Cost of the Work estimate shall proceed in accordance with the schedule provided in Exhibit D-3. Upon Tenant's approval of said estimate, such approved estimate will be hereinafter known as the "Cost of the Work Statement." Upon Tenant's written approval of the Cost of the Work Statement, Landlord shall have the right to require purchase special installations requiring extended material delivery lead time as set forth on the Construction Documents and to commence the construction of the items included in said Cost of the Work Statement. 2.1.3 Cost of the Work means (i) all architectural and engineering fees incurred in connection with the preparation of the Tenant's Space Plans and the Construction Documents and Final Construction Documents; (ii) governmental agency plan check, permit and other fees (including any charges required by any governmental entity or authority having jurisdiction thereof); (iii) sales and use taxes paid in connection with the construction of the Tenant Improvements; (iv) insurance fees associated with the construction of the Tenant Improvements; (v) testing and inspecting costs paid in connection with the construction of the Tenant Improvements; (vi) the actual costs and charges for material and labor, contractor's profit and contractor's general overhead incurred by Landlord for the planning and construction of the Tenant Improvements; and (vii) all other actual and reasonable costs to be expended by Landlord in the construction of the Tenant Improvements. Notwithstanding the above, Cost of the Work shall not include any cost arising as a result of any defect in the design or construction of Landlord Work including any deviation from the descriptions, plans or specifications for the Building Shell provided to Tenant or the Architect for preparation of the Final Construction Documents. 2.1.4 Additional interior decorating services and advice on the furnishing and decoration of the Premises, such as the selection of fixtures, furnishings or design of mill work, shall be provided by Tenant at its expense. 2.1.5 Tenant acknowledges that all Tenant Improvements shall be constructed and installed by Landlord's general contractor, Commercial Interior Contractors ("CIC"), a division of Wxxxxxx Xxxxxx and Associates. CIC shall complete the construction on an open-book basis, competitively bidding the sub-trades, and allowing sub-trades suggested by Tenant to submit Plans bid. Landlord agrees to select the lowest responsible bidder for all each subcontract. Landlord acknowledges and agrees that there will be no Landlord's oversight or any portion construction management fee and that CIC contractor's profit shall not exceed two percent (2%) of the proposed Alterations. 2. Landlord shall review Cost of the description or Plans submitted by Tenant Work (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionsother than said profit), and general conditions fee shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any not exceed five percent (5%) of the requirements Cost of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceWork (other than said fee and architectural and engineering design fees). 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Siebel Systems Inc)

Plans. 1Tenant shall, at its sole cost and expense, perform all work necessary or desirable for Tenant’s occupancy of the Premises (the “Tenant Improvements”). Before commencing construction The performance of any AlterationsTenant Improvements by Tenant is not a required condition to this Lease. Within 21 days after the Date of this Lease, Tenant shall submit furnish to Landlord, for Landlord’s 's written approval either approval, a description permit set (final construction drawings) of the Alterations or drawings plans and specifications for the Alterations, as follows: Tenant Improvements (i) the “Plans”). The Plans shall include the following: fully dimensioned architectural plan; electric/telephone outlet diagram; reflective ceiling plan with light switches; mechanical plan; furniture plan; electric power circuitry diagram; plumbing plans; all color and finish selections; all special equipment and fixture specifications; and fire sprinkler design drawings. Tenant shall submit drawings the approved Plans to applicable building authorities for permit within five days following Landlord's approval and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, Tenant shall thereafter diligently pursue obtaining its building permits. The Plans will be prepared by a licensed architect and the electrical and cablingmechanical plans will be prepared by a licensed professional engineer. The Plans shall be produced on CAD. The architect and engineer will be subject to Landlord's approval, plumbing and architectural drawingswhich shall not be unreasonably withheld. Drawings are to be completeThe Plans shall comply with all applicable laws, with full details and finish schedulesordinances, directives, rules, regulations, and shall be stamped other requirements imposed by an AIA architect licensed in the state any and all governmental authorities having or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of asserting jurisdiction over the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description Plans and either approve or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant disapprove them within a reasonable period of approval or disapprovaltime. If Should Landlord disapproves Tenant’s Design Submissiondisapprove them, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, make any necessary modifications and shall resubmit the same Plans to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval final form within ten days following receipt of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies disapproval of shop drawings for Landlord’s review and approvalthem. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Office Lease (Bankrate, Inc.)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within ten (10) days after the Phase 1 Expansion Space Delivery Date, Tenant shall submit for Landlord’s written approval either deliver to Landlord a description of space plan (the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “PlansPhase 1 Space Plan”) for all of depicting Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed desired improvements in the state or district in which the Property is located certifying compliance with building codes. Phase 1 Expansion Space (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building SystemsPhase 1 Tenant Improvements”). Notwithstanding that Tenant’s proposed Alterations satisfy all Within ten (10) days after receipt of the preceding criteria, upon review of Tenant’s submissionTenant Phase 1 Space Plan, Landlord will review and approve or disapprove the Tenant Phase 1 Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Phase 1 Space Plan, it shall have state with particularity the right reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Phase 1 Space Plan to require Tenant address Landlord’s concerns and resubmit to submit Plans Landlord for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Upon approval of the Tenant Phase 1 Space Plan, Tenant shall cause working drawings (hereafter, “Tenant Phase 1 Working Drawings”) of the Phase 1 Tenant Improvements shown on the Tenant Phase 1 Space Plan to be prepared and delivered to Landlord. The Tenant Phase 1 Working Drawings shall consist of the plans and specifications in the form of working drawings or construction drawings identifying Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any interior layout of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordPhase 1 Expansion Space, including changes required to obtain governmental permitscomplete sets of architectural, without obtaining Landlord’s written approval in each instance. 3. All structural, mechanical, electrical, structural and floor loading requirements plumbing working drawings for all Phase 1 Tenant Improvements, in each case to the extent applicable. The Tenant Phase 1 Working Drawings shall include written instructions or specifications as may be necessary or required to secure a building permit from the City of Eden Prairie for said improvements to commence in due course. The Tenant Phase 1 Working Drawings shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review prepared by architects and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as engineers selected by Txxxxx and reasonably approved by Landlord.by

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. Improvements shall be constructed in the Premises in accordance with this Paragraph 1. Before commencing construction Within fifteen (15) business Days after the date of any Alterationsthe Lease, Tenant shall submit furnish to Landlord sufficient information (the “Initial Information”) so as to enable Landlord to prepare preliminary layout plans and finish specifications for Landlordthe Premises (the “Space Plans”). On the basis of such information, Landlord shall furnish to Tenant for Tenant’s written approval either a description (which shall not be unreasonably withheld) the Space Plans prepared by Landlord’s architect. Tenant shall respond to the Space Plans within three (3) Business Days of its receipt thereof. Landlord shall respond within three (3) Business Days to any reasonable objections of Tenant to the Space Plans and shall resubmit to Tenant as soon as practicable for Tenant’s approval (which shall not be unreasonably withheld) appropriately revised Space Plans prepared by Landlord’s architect. Tenant shall respond to the revised Space Plans within three (3) Business Days of its receipt thereof. This procedure shall be repeated until the Space Plans are approved by Tenant. If Tenant fails to respond to the Space Plans or the revised Space Plans within the periods described above, Tenant shall be deemed to have approved the Space Plans or revised Space Plans, as applicable. The Space Plans, as finally approved in writing by Landlord and Tenant, shall be referred to herein as the “Final Space Plans.” After completion of the Alterations or drawings Final Space Plans, Landlord shall furnish to Tenant for Tenant’s written approval (which shall not be unreasonably withheld) working plans and specifications for (the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, PlansWorking Drawings”) for all of Tenantthe Premises prepared by Landlord’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawingsarchitect. Tenant shall respond to the Working Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, within three (3) they do Business Days of its receipt thereof. Landlord shall respond within three (3) Business Days to any reasonable objections of Tenant to the Working Drawings and shall resubmit to Tenant as soon as practicable for Tenant’s approval (which shall not require work be unreasonably withheld) appropriately revised Working Drawings prepared by Landlord’s architect. Tenant shall respond to the revised Working Drawings within three (3) Business Days of its receipt thereof. This procedure shall be repeated until the Working Drawings are approved by Tenant. If Tenant fails to respond to the Working Drawings or the revised Working Drawings within the periods described above, Tenant shall be deemed to have approved the Working Drawings or revised Working Drawings, as applicable. The Working Drawings, as approved in writing by Landlord and Tenant, as revised in accordance with the following provisions of this Paragraph 1, are hereinafter called the “Final Plans,” and the improvements to be performed inside walls or above in accordance with the ceiling Final Plans are hereinafter called the “Tenant Improvements.” Any delay in Substantial Completion of the PremisesTenant Improvements or increased cost of the Tenant Improvements caused directly or indirectly by any revision to the Space Plans or the Working Drawings requested by Tenant or to otherwise make the same acceptable to Tenant after the initial submission thereof to Tenant by Landlord, shall constitute a Tenant Delay under Section 2 of the Lease; provided, however, that as to the Space Plans only, Tenant shall be entitled to request revisions to the initial submission thereof to Tenant, and (4) they will not affect to the structure or first resubmission thereof to Tenant, without the mechanicalsame giving rise to Tenant Delay. The parties acknowledge that at Tenant’s election, plumbing, HVAC, electrical or life safety systems it may delay delivery to Landlord of the Initial Information with respect to the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and E Premises until such date as Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionselect, and shall resubmit rather than submitting the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlordwithin the fifteen (15) Business Day period first above referenced. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of In such event, the requirements procedures and other provisions of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements B shall be subject applied separately as to approval of Landlord’s engineers. Landlord also reserves the right Building E Premises and the Building F Premises and the respective Tenant Improvements to require Tenant to submit copies of shop drawings for Landlord’s review and approvalbe constructed therein. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

Plans. 1The Tenant Improvements shall be constructed substantially ----- as shown on the conceptual space plan ("Space Plan") for the Additional Space to be prepared by the Space Planner who has been retained by Tenant as the space planner for the Additional Space. Before commencing construction of The Space Planner shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld. Tenant shall cause the Space Planner to deliver the Space Plan to Landlord by June 28, 1999 for Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall respond to the Space Plan within five (5) Business Days after receipt thereof, specifying any Alterationschanges or modifications Landlord reasonably requires in the Space Plan. The Space Plan approved by Landlord is the "Approved Space Plan." On or before July 28, 1999, Tenant shall submit for Landlord’s written approval either will cause the Space Planner to prepare and deliver to Landlord and Tenant detailed plans and specifications, consistent with the Approved Space Plan, sufficient to permit CIC to construct the Tenant Improvements ("Construction Documents"). Landlord will cause CIC to provide Tenant with a description of cost estimate (the Alterations or drawings and specifications "First Cost Estimate") for the Alterations, as follows: work shown in the Construction Documents (i) the "First Construction Documents"). Tenant shall submit drawings respond to the First Construction Documents and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, First Cost Estimate within three (3) they do not require work Business Days after receipt thereof, specifying in detail any changes or modifications Tenant desires in the First Construction Documents. Any changes requested by Tenant to the First Construction Documents must be performed inside walls or above consistent with the ceiling Approved Space Plan. The Space Planner will then revise the First Construction Documents and resubmit them (the "Revised Construction Documents") to Landlord and Tenant for their approval and Landlord will cause CIC to provide Tenant with a revised cost estimate (the "Revised Cost Estimate"). Tenant shall approve the same within three (3) days after receipt. The Revised Construction Documents and Revised Cost Estimate, as approved by Tenant and Landlord, are hereinafter referred to as the "Final Construction Documents" and "Final Cost Estimate," respectively. Additional interior decorating services and advice on the furnishing and decoration of the Premises, and (4) they will not affect such as the structure selection of fixtures, furnishings or the mechanicaldesign of mill work, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted be provided by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submissionat its expense, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements but shall be subject to the reasonable approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Phone Com Inc)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within ten (10) days after the Phase 1 Expansion Space Delivery Date, Tenant shall submit for Landlord’s written approval either deliver to Landlord a description of space plan (the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “PlansPhase 1 Space Plan”) for all of depicting Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed desired improvements in the state or district in which the Property is located certifying compliance with building codes. Phase 1 Expansion Space (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building SystemsPhase 1 Tenant Improvements”). Notwithstanding that Tenant’s proposed Alterations satisfy all Within ten (10) days after receipt of the preceding criteria, upon review of Tenant’s submissionTenant Phase 1 Space Plan, Landlord will review and approve or disapprove the Tenant Phase 1 Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Phase 1 Space Plan, it shall have state with particularity the right reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Phase 1 Space Plan to require Tenant address Landlord’s concerns and resubmit to submit Plans Landlord for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Upon approval of the Tenant Phase 1 Space Plan, Tenant shall cause working drawings (hereafter, “Tenant Phase 1 Working Drawings”) of the Phase 1 Tenant Improvements shown on the Tenant Phase 1 Space Plan to be prepared and delivered to Landlord. The Tenant Phase 1 Working Drawings shall consist of the plans and specifications in the form of working drawings or construction drawings identifying Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any interior layout of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordPhase 1 Expansion Space, including changes required to obtain governmental permitscomplete sets of architectural, without obtaining Landlord’s written approval in each instance. 3. All structural, mechanical, electrical, structural and floor loading requirements plumbing working drawings for all Phase 1 Tenant Improvements, in each case to the extent applicable. The Tenant Phase 1 Working Drawings shall include written instructions or specifications as may be necessary or required to secure a building permit from the City of Eden Prairie for said improvements to commence in due course. The Tenant Phase 1 Working Drawings shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review prepared by architects and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as engineers selected by Xxxxxx and reasonably approved by Landlord.by

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. 1. Before commencing (a) Landlord shall cause Architect to deliver to Tenant construction drawings, which show in detail the intended design, construction and finishing of any Alterations, Tenant shall submit for Landlord’s written approval either a description all portions of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building Additional Improvement Work (collectively, the “Building SystemsConstruction Drawings”). Notwithstanding that Within ten (10) business days after Tenant’s proposed Alterations satisfy all receipt of the preceding criteriaConstruction Drawings, upon review Tenant shall either approve or disapprove the Construction Drawings, which approval shall not be unreasonably withheld. Tenant’s failure to approve or disapprove the Construction Drawings within such 10-business day period shall be deemed to constitute Tenant’s approval of the Construction Drawings. If Tenant disapproves the Construction Drawings, then Tenant shall state such disapproval in a written notice to Landlord, including reasonable detail with respect to the changes which Tenant requires to be made thereto. Landlord shall submit to Tenant revised Construction Drawings within five (5) business days after Landlord’s receipt of Tenant’s submission, disapproval notice. Tenant shall give Landlord shall have the right to require Tenant to submit Plans for all written notice of its approval or any portion disapproval of the proposed Alterations. 2. Landlord shall review revised Construction Drawings within five (5) business days after the description or Plans submitted by Tenant (“date of Tenant’s Design Submission”) and notify Tenant receipt thereof. Tenant’s failure to approve or disapprove the revised Construction Drawings within such 5-business day period shall be deemed to constitute Tenant’s approval of approval or disapprovalthe revised Construction Drawings. If Tenant disapproves the revised Construction Drawings, then Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission continue to meet Landlord’s objectionsfollow the procedures set forth in this Paragraph 4(a) until Landlord and Tenant reasonably approve such Construction Drawings in accordance with this Paragraph 4(a); provided, however, that notwithstanding anything to the contrary set forth above in this Paragraph 4(a), if Landlord and shall resubmit Tenant have not mutually approved the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.Construction Drawings within three

Appears in 1 contract

Samples: Lease Agreement

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for construction of all improvements and major repairs or replacements undertaken by the AlterationsLessee shall be submitted to, as follows: and receive the written approval of, the Lessor's Airport Manager and, if necessary, Federal Aviation Administration (i) Tenant FAA), and no such work shall submit drawings and commence until such written specifications (collectivelyapprovals are obtained, “Plans”) for all of Tenant’s Alterationswhich the Airport Manager's approval shall not be unreasonably withheld or delayed. Lessee shall first submit, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are or cause to be completesubmitted, with full details and finish schedulesto Lessor for written approval, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls architectural or above the ceiling of the Premises, engineering plans and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion specifications of the proposed Alterations. 2. Landlord shall work in such detail so as to allow a proper review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of for approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionFAA approval of the work is not needed, Landlord Airport Manager shall specify advise Lessee within fourteen (14) business days following receipt of the reasons written request, along with plans and specifications of City's approval or disapproval. If FAA approval of the work is needed, Lessee will submit to FAA any forms or documentation required for FAA review and approval and provide a copy of the FAA submitted forms or documentation to the Airport Manager. The Airport Manager shall advise Lessee within fourteen (14) business days after receipt of FAA's approval or disapproval. Upon approval from Lessor and, if necessary, FAA, Lessee must then obtain all necessary building permits from the City. When constructing any building or improvement upon the Leased Premises, the plans and specifications shall be prepared by Texas state-licensed architects and engineers. Lessee will accomplish the work as approved in accordance with the plans and specifications, or as the same may thereafter be modified with the consent of Lessor's Airport Manager. Within sixty (60) calendar days of the issuance of the certificate of occupancy for any work in accordance with this section, Lessee shall provide the Lessor's Airport Manager with a complete electronic copy of as- built plans. (a) Lessee shall include in all Lessee construction contracts the following provisions: (1) Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Arlington and all of its disapproval officials, officers, agents and Tenant shall revise Tenant’s Design Submission employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action, including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to meet Landlord’s objectionsor death of any person, or for loss of, damage to, or loss of use of any property occasioned by error, omission or negligent act of contractor, his officers, agents, employees, subcontractors, invitees or any other persons, arising out of, or in connection with, the performance of this contract, and shall resubmit contractor will, at his or her own cost and expense, defend and protect the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord City of Tenant’s Design Submission shall constitute a waiver of Arlington from any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceand all such claims and demands. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Tenant’s Design Submission Arlington and all of its officials, officers, agents and employees, from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind, including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person, or for loss of, damages to, or loss of use of any property, arising out of, or in final form connection with, the performance of this Restated Agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole, or in part, from the negligence of the City of Arlington, its officers, officials, agents or employees. It is the express intention of the parties thereto that the indemnity provided for in this paragraph is indemnity by contractor to indemnify and protect the City of Arlington from the consequences of the City of Arlington's own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. (3) In any and all claims against any party indemnified hereunder by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or for the contractor or any subcontractor under workers' compensation or other employee benefit acts. (b) Lessee shall require the contractor, in all Lessee construction contracts, to furnish insurance in such amounts as specified in this Lease. (c) Lessee agrees that all work to be performed by it or its contractor, including all workmanship and materials, shall be of good quality and shall be performed in full compliance with the architectural and engineering plans approved by Landlordthe City of Arlington Building Officials. Lessee shall assume the risk of loss or damage to all such work prior to the completion thereof. Lessee shall repair or replace any such loss or damage without cost to Lessor. (d) Lessee shall deliver within five (5) calendar days of a request from Lessor's Airport Manager, drawings and specifications detailing any changes or modifications made in or to the improvements initially approved by Lessor. (e) Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for, or on behalf of, Lessee as such obligations mature. (f) Lessee expressly agrees in the making of any repairs on the improvements that, except with the written consent of the Lessor, it will neither give nor grant, nor purport to give or grant any mechanic’s lien upon the Leased Premises or upon any improvements thereupon in the process of construction or repair, not allow any condition to exist or situation to develop whereby any party would be entitled, as a matter of law, to a mechanic’s lien against said Leased Premises and improvements thereon, and Lessee will discharge any such lien within ninety (90) days after notice of filing thereof. Nothing herein shall prohibit any lien by a lender or mortgagee. (g) Nothing in this Lease shall be construed as an agreement by the Lessor to waive any lien the Lessor may have, constitutional, statutory or contractual, upon any leasehold improvements on the property. (h) The complete cost of developing all necessary plans and specifications as provided herein and the construction of improvements and facilities which support the Lease, whether off site or upon the Leased Premises, shall be borne solely by Lessee and be at no expense to Lessor whatsoever. Lessee shall be responsible for the repair or replacement of any offsite areas disturbed by the development of the Leased Premises. (i) The Lessor, however, will reimburse Lessee up to an amount not to exceed $50,000 for costs related to installation of riprap at the south drainage outlet. Riprap must be properly designed and installed including correct channel excavation, filter placement, riprap grading, and foundation toe reinforcement. The Lessor also agrees to reimburse Lessee up to one-third the amount, not to exceed $110,000, for costs related to construction of a median opening on South Xxxxxxx Street at the entrance to the Leased Premises. This work will be done in conjunction with the construction of the Exhibit “B” improvements. Lessee will invoice reimbursement costs once the completed work has been approved by Lessor. (j) Pursuant to section 1.20 of the Impact Fee Chapter in the Arlington Code of ordinances, and in exchange for Lessee’s completion and compliance of the conditions and requirements set forth herein, CITY agrees to grant Lessee an exemption from the roadway impact fee, water impact fee, and wastewater impact fee, up to $50,000, due by Lessee for the Project.

Appears in 1 contract

Samples: Lease Agreement

Plans. 1. Before commencing construction of any Alterations(a) Landlord shall provide Tenant, Tenant shall submit for Landlord’s written approval either a description without charge to Tenant, in CAD format, architectural and engineering drawings of the Alterations or drawings Building, including master backgrounds and specifications any other plans prepared in the ordinary course of designing the Building, as reasonably required for the Alterations, as follows:purpose of preparing the Final Tenant Improvement Plans. (ib) Tenant shall submit drawings and written specifications with reasonable diligence consistent with the dates set forth in Section 2.1 of this Exhibit B have the Final Tenant Improvement Plans prepared by an architect of its choosing (collectively"Tenant's Architect"). Tenant's Architect shall be subject to Landlord's approval, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are such approval not to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state unreasonably withheld conditioned or district in which the Property is located certifying compliance with building codesdelayed. (iic) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require approve the Final Tenant Improvement Plans, its approval not to submit Plans for all be unreasonably withheld, conditioned or any portion delayed and provided that Landlord's approval rights shall be limited to changes that have a material adverse effect upon the exterior of the proposed Alterations. 2Building, the structural components of the Building, the Building Systems or the Building HVAC system. Landlord shall review assist Tenant's Architect in identifying any coordination issues between the description or Final Plans submitted by and the Final Tenant (“Tenant’s Design Submission”) and notify Tenant Improvement Plans. At the time of approval or disapproval. If Landlord disapproves Tenant’s Design Submissionsuch approval, Landlord shall specify note any specific components of the reasons Tenant Improvements which are not intrinsic to the Building or Tenant Improvements and are items which by their nature are things against which Landlord is unwilling to assume responsibility for its disapproval and with respect to latent defects. Landlord agrees to advise Tenant shall revise Tenant’s Design Submission to meet within ten (10) business days after Landlord’s objections's receipt of any such drawings if the same are unsatisfactory or incomplete in any respect. Upon Landlord's approval of any such drawings, and shall resubmit Landlord may submit the same to Landlord the applicable governmental authorities for issuance of required permits. Tenant may repeat this process as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any necessary, for all portions of the requirements of this Exhibit or the LeaseTenant Improvements. Tenant shall not make any changes be required to Tenant’s Design Submission after approval by remove the Tenant Improvements upon the termination of this Lease. (d) Landlord and Tenant acknowledge that Tenant may elect to design and construct the Tenant Improvements using a fast-track design/building format. If Tenant so elects, Tenant may forward to Landlord, including changes required for Landlord's approval, Final Tenant Improvement Plans for portions of the Tenant Improvements rather than Final Tenant Improvement Plans for the entire Premises. Landlord agrees to obtain governmental permits, without obtaining advise Tenant within ten (10) business days after Landlord’s written approval 's receipt of any such drawings if the same are unsatisfactory or incomplete in each instance. 3any respect. All mechanical, electrical, structural and floor loading requirements shall be subject to Upon Landlord's approval of any such drawings, Landlord may submit the same to the applicable governmental authorities for issuance of required permits. Tenant may repeat this process as necessary, for all portions of the Tenant Improvements. Tenant may then elect to have Landlord’s engineers. Landlord also reserves 's Contractor bid such portions of the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalImprovements in accordance with process set forth below in Section 2.3(a). 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (FSP 50 South Tenth Street Corp)

Plans. Improvements shall be constructed in the Premises in ----- accordance with this Paragraph 1. Before commencing construction Within fifteen (15) Business Days after the date of any Alterationsthe Lease, Tenant shall submit for Landlord’s written approval either a description of furnish to Landlord sufficient information (the Alterations or drawings "Initial Information") so as to enable Landlord to prepare preliminary layout plans and finish specifications for the AlterationsPremises (the "Space Plans"). On the basis of such information, as follows: Landlord shall furnish to Tenant for Tenant's written approval (iwhich shall not be unreasonably withheld) the Space Plans prepared by Landlord's architect. Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are respond to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Space Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, within three (3) they do Business Days of its receipt thereof. Landlord shall respond within three (3) Business Days to any reasonable objections of Tenant to the Space Plans and shall resubmit to Tenant as soon as practicable for Tenant's approval (which shall not require work be unreasonably withheld) appropriately revised Space Plans prepared by Xxxxxxxx's architect. Tenant shall respond to the revised Space Plans within three (3) Business Days of its receipt thereof. This procedure shall be repeated until the Space Plans are approved by Tenant. If Tenant fails to respond to the Space Plans or the revised Space Plans within the periods described above, Tenant shall be deemed to have approved the Space Plans or revised Space Plans, as applicable. The Space Plans, as finally approved in writing by Landlord and Tenant, shall be referred to herein as the "Final Space Plans." After completion of the Final Space Plans, Landlord shall furnish to Tenant for Tenant's written approval (which shall not be unreasonably withheld) working plans and specifications (the "Working Drawings") for the Premises prepared by Xxxxxxxx's architect. Tenant shall respond to the Working Drawings within three (3) Business Days of its receipt thereof. Landlord shall respond within three (3) Business Days to any reasonable objections of Tenant to the Working Drawings and shall resubmit to Tenant as soon as practicable for Tenant's approval (which shall not be unreasonably withheld) appropriately revised Working Drawings prepared by Xxxxxxxx's architect. Tenant shall respond to the revised Working Drawings within three (3) Business Days of its receipt thereof. This procedure shall be repeated until the Working Drawings are approved by Tenant. If Tenant fails to respond to the Working Drawings or the revised Working Drawings within the periods described above, Tenant shall be deemed to have approved the Working Drawings or revised Working Drawings, as applicable. The Working Drawings, as approved in writing by Landlord and Tenant, as revised in accordance with the following provisions of this Paragraph 1, are hereinafter called the "Final Plans", and the improvements to be performed inside walls or above in accordance with the ceiling Final Plans are hereinafter called the "Tenant Improvements". Any delay in Substantial Completion of the PremisesTenant Improvements or increased cost of the Tenant Improvements caused directly or indirectly by any revision to the Space Plans or the Working Drawings requested by Tenant or to otherwise make the same acceptable to Tenant after the initial submission thereof to Tenant by Landlord, shall constitute a Tenant Delay under Section 2 of the Lease; provided, however, that as to the Space Plans only, Tenant shall be entitled to request revisions to the initial submission thereof to Tenant, and (4) they will not affect to the structure or first re-submission thereof to Tenant, without the mechanicalsame giving rise to Tenant Delay. The parties acknowledge that at Tenant's election, plumbing, HVAC, electrical or life safety systems it may delay delivery to Landlord of the Initial Information with respect to the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and E Premises until such date as Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionselect, and shall resubmit rather than submitting the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlordwithin the fifteen (15) Business Day period first above referenced. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of In such event, the requirements procedures and other provisions of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements B shall be subject applied separately as --------- to approval of Landlord’s engineers. Landlord also reserves the right Building E Premises and the Building F Premises and the respective Tenant Improvements to require Tenant to submit copies of shop drawings for Landlord’s review and approvalbe constructed therein. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Net Lease (Avantgo Inc)

Plans. 1. Before commencing construction of any AlterationsPrior to constructing the initial tenant improvements (Initial Tenant Improvements), Tenant shall submit to Landlord, for Landlord’s the written approval either a description of Landlord (such approval to be promptly given and not to be unreasonably withheld or conditioned), Tenant's space plans for the layout and interior design of the Alterations Premises to be improved. If the space plans are not approved (or drawings disapproved with written comments stating the specific matters to which Landlord objects) within 10 days after the submission thereof by Tenant to Landlord, the space plans shall be deemed approved. Tenant agrees that any changes to the approved space plans which materially affect the design and layout of the Premises shall be subject to the review and approval of Landlord. All such changes shall be deemed approved if not disapproved with written comments stating the specific matters to which Landlord objects within 10 days after submission thereof to Landlord by Tenant. Upon approval of the space plans, Tenant shall promptly cause detailed construction drawings, plans and specifications for the AlterationsInitial Tenant Improvements to be prepared and shall submit them to Landlord for Landlord's written approval. Landlord agrees to respond within 10 days of each submittal with approval or detailed comments on Tenant's construction drawings, as follows: (i) plans and specifications. Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are refrain from commencing construction with respect to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Initial Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all Improvements or any portion thereof until Landlord's written approval of the proposed Alterations. 2final detailed construction drawings, plans and specifications (the Approved Plans) has been obtained. If Tenant thereafter desires to make substantive changes to the Approved Plans, such changes shall be submitted to Landlord for Landlord's written approval. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of agrees to respond within 10 business days with respect to approval or disapprovalcomments on substantive changes to the Approved Plans. If No substantive change to the Approved Plans shall be made unless and until Landlord's approval has been given. Landlord disapproves Tenant’s Design Submissionagrees that it will not unreasonably withhold, delay or condition its approval hereunder of drawings, plans and specifications, or changes thereto. Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission use all reasonable efforts to meet Landlord’s objectionscomplete the Approved Plans by December 31, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance1995. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Possis Medical Inc)

Plans. 1. Before commencing construction of any AlterationsPrior to modifying Licensee’s Telecom Equipment (a “Modification”), Tenant Licensee shall submit to Licensor a written request for Landlord’s written approval either a description of the Alterations or drawings proposed modification (the “Modification Request”), and if reasonably requested by Licensor, such written request shall include plans and specifications for (the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, Modification Plans”) for all of Tenant’s Alterations, including mechanical, electrical in a form and cabling, plumbing and architectural drawingscontent reasonably satisfactory to Licensor. Drawings are to be complete, The Modification Plans shall comply with full details and finish schedules, the Installation Standards and shall be prepared by and stamped by an AIA architect licensed in a professional engineer. Licensor shall not unreasonably disapprove the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans Modification Request if the proposed Alterations meet Modification Request meets all of the following criteria: (1a) they are cosmetic in nature (e.g. painting, wallpapering, installation it will not change the type of floor coverings, etc.)service being provided by Licensee from the Property, (2b) they do it will not require change the location of Licensee’s Telecom Equipment, (c) it will not increase the size of Licensee’s Telecom Equipment, and (d) it will not violate any other terms or conditions of this Agreement (hereinafter a building permit, “Permitted Modification”). Licensor shall have no obligation to approve any Modification Request that is not a Permitted Modification. Licensor shall approve or disapprove a Modification Request within thirty (30) days after Licensee provides Licensor with three (3) they do not require work to be performed inside walls or above the ceiling copies of the PremisesModification Plans and any other information reasonably requested by Licensor. If Licensor does not approve or disapprove the Modification Request within such thirty (30) day period, Licensee shall provide Licensor with a second written notice of Licensee’s request for approval of the Modification Request. The Modification Request shall be deemed approved if Licensor fails to approve or disapprove the Modification Request within thirty (30) days after such second request. The Modification Plans, if any, shall be attached hereto as part of Exhibit 4 and (4) shall thereafter constitute a part of the Final Plans. Licensor’s approval of the Modification Plans shall be evidenced by Licensor initialing such plans and returning same to Licensee. In no event will Licensor’s approval of the Modification Plans be deemed a representation that they comply with applicable laws, ordinances, rules or regulations, will not affect the structure cause interference with other communications operations, or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)are structurally sound. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord Licensor shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submissionright, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject prior to approval of Landlordthe Modification Request, to consult with Licensor’s engineersstructural engineer, architect, electrical engineer, roofing contractor and other consultants. Landlord also reserves Any actual reasonable out-of-pocket expense incurred by Licensor associated with these consultations shall be, paid by Licensee, and Licensee shall reimburse Licensor for all of these costs within thirty (30) days after receiving evidence of the right out-of-pocket costs incurred by Licensor. Prior to require Tenant to submit installing or modifying any of Licensee’s Telecom Equipment, Licensee shall provide Licensor with copies of shop drawings for Landlord’s review all required federal, state and approvallocal permits and authorizations that have not been previously provided to Licensor. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Antenna Site License Agreement

Plans. 1. Before commencing Landlord and Tenant have approved the outline ----- specifications; architectural, engineering and mechanical specifications; and site, space, grading, drainage, fire protection and paving plans (collectively, the "Plans") listed and described on Exhibit "B" attached hereto for the construction of the Parcel 1 Improvements, which Plans are hereby incorporated by reference in this Lease the same as if fully set forth herein. Landlord hereby certifies to Tenant that Landlord has obtained or will obtain from any Alterations, Tenant shall submit and all governmental agencies having appropriate jurisdiction all permits and approvals necessary for Landlord’s written approval either a description Landlord to commence and complete construction of the Alterations or drawings Parcel 1 Improvements in accordance with the Plans and specifications for pursuant to the Alterations, as follows:provisions of subparagraph 2(b). (i) Landlord and Tenant understand, however, that as of the date of this Lease, Landlord has not obtained final governmental approval of all aspects of the Plans and, in the event any governmental agency having appropriate jurisdiction requires modifications to any aspect of the Plans, Landlord will prepare and deliver to Tenant plans and specifications fully disclosing such modifications within five (5) days after Landlord's receipt of notice that modifications will be required. Tenant shall submit drawings have ten (10) days after receipt thereof to disapprove such modifications, it being understood that Tenant will not disapprove such modifications provided that: (A) such modifications are not substantial and written specifications do not require additional expenditures by Tenant in the form of increased Rent (collectivelyas hereinafter defined) or other costs payable by Tenant hereunder, “Plans”and (B) for all such modifications do not materially and adversely affect Tenant's proposed use of Tenant’s Alterationsthe Premises. If Tenant does not disapprove such modifications within the above-described ten (10)-day period, including mechanicalTenant will be deemed to have approved such modifications. In the event Tenant timely disapproves any such modifications, electrical and cabling, plumbing and architectural drawings. Drawings are Tenant shall prepare or cause to be complete, with full details and finish schedules, and prepared alternatives to such modifications. Such alternative modifications shall be stamped prepared and resubmitted to the appropriate governmental agency within thirty (30) days after the expiration of the above-described ten (10)-day period. In the event the appropriate governmental agency disapproves such alternative modifications, Landlord shall notify Tenant in writing of such within five (5) days after Landlord's receipt of such disapproval. Tenant shall thereupon have the option of cancelling this Lease by an AIA architect licensed in giving Landlord written notice of cancellation within ten (10) days after Tenant's receipt of Landlord's disapproval notice. If Tenant does not cancel this Lease within said ten (10)-day period, Tenant shall be deemed to have waived its right to cancel granted herein and the state or district in which parties shall proceed with their respective obligations hereunder. Landlord and Tenant mutually agree to cooperate and use their best efforts to achieve all necessary governmental approvals of every aspect of the Property is located certifying compliance with building codesPlans. (ii) Landlord and Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams also understand that as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingdate of this Lease, wallpapering, installation of floor coverings, etc.), (2) they do Tenant has not require a building permit, (3) they do not require work reviewed and approved the offsite utility and landscaping plans and shop drawings relating to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building Parcel 1 Improvements (collectively, the “Building Systems”"Remaining Plans"). Notwithstanding that Landlord will promptly prepare and deliver to Tenant the Remaining Plans for Tenant’s proposed Alterations satisfy all 's approval, which approval shall not be unreasonably withheld. Tenant shall have ten (10) days after receipt of the preceding criteria, upon review Remaining Plans to give notice to Landlord of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for 's disapproval of all or any portion of the proposed Alterations. 2Remaining Plans. If Tenant does not timely disapprove any of the Remaining Plans, Tenant will be deemed to have approved same. In the event Tenant timely disapproves any Remaining Plans, Landlord shall review shall, within ten (10) days following Tenant's notice of disapproval, revise and resubmit the description or disapproved Remaining Plans submitted by Tenant (“Tenant’s Design Submission”the "Resubmitted Plans") and notify Tenant shall again have ten (10) days from receipt of approval or disapprovalthe Resubmitted Plans to give notice to Landlord of Tenant's disapproval thereof. In the event the Resubmitted Plans are timely disapproved by Tenant, Tenant shall have the option to cancel this Lease by giving Landlord written notice of cancellation within the time period provided for disapproving the Resubmitted Plans. If Landlord disapproves Tenant’s Design SubmissionTenant does not give notice of cancellation, Landlord shall specify the reasons for its disapproval again revise and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordResubmitted Plans and all time limits and rights, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalcancellation shall again apply. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Operating Lease (Styrochem International LTD)

Plans. 1. Before commencing construction and specifications prepared by and at the expense of any Alterations, Tenant shall submit theretofore submitted to Landlord for Landlord’s its prior written approval either a description of the Alterations as provided in paragraph 14(a) hereof; no installations or drawings work shall be undertaken, started or begun by Tenant, its agents, servants or employees, until Landlord, if required, has approved such plans and specifications; and no amendments or material additions to such plans and specifications for shall be made without the Alterations, as follows: (i) Tenant shall submit drawings and prior written specifications (collectively, “Plans”) for all consent of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesLandlord, and shall be stamped subject to reimbursement for Landlord's reasonable out-of-pocket expenses for architecture or engineering services, excluding any such charge for initial Tenant's Work shown on Exhibit 7. Tenant agrees that it will not, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by an AIA architect licensed Tenant or Landlord or others in the state construction, maintenance and/or operation of the Building or district any part thereof. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require not to exceed $1 million/$2 million for liability and $500,000.00 for property damage. At Landlord's request, Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Property demised premises are located, for all work, labor and services performed and materials furnished in connection with such work after payment therefore, signed by all contractors and sub-contractors involved in such work. Notwithstanding the foregoing, if any mechanic's lien is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if filed against the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingdemised premises, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanicalBuilding, plumbingfor work claimed to have been done for, HVACor materials furnished to, electrical Tenant, whether or life safety systems of the Building (collectivelynot done pursuant to this Article, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord same shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted be discharged by Tenant within thirty (“Tenant’s Design Submission”30) and notify Tenant days after notice of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission such liens is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes given to Tenant’s Design Submission after approval , at Tenant's expense, by Landlord, including changes filing the bond required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceby law or by satisfaction of such lien. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Gbi Capital Management Corp)

Plans. 1Subtenant, at its sole cost and expense, has prepared and delivered to Landlord one set of the plans and specifications described on Exhibit C attached hereto ("Subtenant's Plans"), which show the demolition plans, and plans for portions of the proposed subtenant improvements described on Exhibit B attached hereto (the "Subtenant Improvements"), and includes other specifications which would affect the construction or design of the Premises. Before commencing construction of any AlterationsSubtenant's Plans shall be deemed approved by Landlord, Tenant and Subtenant upon execution of this Agreement by the Parties. Notwithstanding the foregoing, in addition to such Subtenant's Plans that have been delivered to Landlord and Tenant, Subtenant shall submit deliver to Landlord for Landlord’s written approval either a description of the Alterations or drawings additional plans and specifications for the Alterations, as follows: Subtenant's Improvements consisting of (i) Tenant shall submit drawings and written specifications any proposed changes required by governmental agencies to Subtenant's Plans or other plans previously approved by Landlord, (collectively, “Plans”ii) plans for all of Tenant’s Alterations, including the mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesHVAC systems, and shall be stamped by an AIA architect licensed (iii) plans for portions of the Lab Areas. Provided such plans are consistent with the schematic basis of the design of the Subtenant Improvements set forth in the state previously delivered Subtenant Plans, Landlord shall not unreasonably withhold its consent to such additional plans. In addition, any other modification costing Fifty Thousand Dollars ($50,000) or district more or which is structural in which nature to the Property is located certifying compliance with building codes. final plans and specifications for any Subtenant Improvements, or any structural improvement or alteration not part of the Subtenant Improvements, or any improvement or alteration costing Fifty Thousand Dollars ($50,000) or more to either: (i) the Lab Areas, or (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all remaining portion of the following criteria: Premises (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc."Non-Lab Areas"), shall require Landlord's prior written consent. If Landlord fails to approve or disapprove any plans submitted to Landlord within ten (210) they do days of such submission, such plans shall be deemed approved. Review of Subtenant's Plans or any future plans, improvements or Alterations by Landlord (or Landlord's architect or consultants) shall not require be deemed a building permitrepresentation by either as to the sufficiency or quality of such plans or a representation by either that such plans comply with applicable law. Landlord shall not in any event be responsible for any defects, (3) they do not require work deficiencies, or inaccuracies in Subtenant's Plans or any future plans, improvements or Alterations. If any governmental authority or jurisdiction requires Subtenant's Plans or any future plans, improvements or Alterations to be performed inside walls or above signed by a licensed design professional in the ceiling State of California, Subtenant shall provide same. Subtenant shall, at its sole cost and expense, obtain all permits, authorizations, and governmental approvals necessary for the performance of the PremisesSubtenant Improvements or any future plans, and (4) they will not affect improvements or Alterations required by the structure or State of California. Upon the mechanical, plumbing, HVAC, electrical or life safety systems completion of the Building (collectivelySubtenant Improvements or any future plans, improvements or Alterations, Subtenant shall, at its sole cost and expense, obtain any Certificate of Occupancy required for Subtenant to conduct its business in the “Building Systems”)Premises. Notwithstanding that Tenant’s proposed Alterations satisfy Landlord shall be reimbursed for all costs and fees associated with the review, approval and oversight of Subtenant's Plans and Subtenant Improvements or any future plans, improvements or Alterations, as set forth herein and in Section 22 below. Except as permitted pursuant to Section 14 below, Subtenant shall limit the preceding criteriaamount of laboratory and manufacturing space and associated area to 30,050 square feet in the location(s) depicted on Exhibit A. In addition, upon review Subtenant shall comply with any requirements imposed by any governmental authority to ensure conformance with Section 14 with respect to the use of Tenant’s submission, Landlord any biological hazardous materials. Said improvements shall be built in accordance with the plans and specifications set forth on Exhibit C attached hereto. Subtenant shall have the right to require engage its own engineers, architects, contractors and other consultants in connection with planning and constructing the Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionImprovements, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves 's consent and subject to the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalterms set forth below. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Consent to Sublease and Second Amendment to Lease (Advanced Medical Optics Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of Based on the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionapproved Space Plan, Landlord shall have cause its architects and engineers to prepare and submit to Tenant for approval detailed plans, specifications and working drawings ("Plans") for the right construction of Tenant's leasehold improvements to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2Premises listed on Schedule 1-A attached hereto ("Improvements"). Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require approve any space planner, architect or engineer if employed by Tenant. As used herein, the term "Improvements" shall include all non-base building work to be done in the Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and wall coverings), window coverings, electrical (excluding the cost of computer cabling, Tenant’s telephone system and wiring, and any other special electrical or wiring dedicated to the Tenant’s operations or business), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. If Tenant has leased an entire floor, the Improvements shall include finished toilet rooms, corridors and elevator vestibules. Landlord shall submit the Plans to Tenant for approval within fifteen (15) business days following Tenant's approval of the Space Plan. Within three (3) business days after receipt by Tenant of the Plans, Tenant (i) shall give its written approval with respect thereto, or (ii) shall notify Landlord in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Tenant to give its approval. Within five (5) business days following Landlord's receipt of Tenant's disapproval, Landlord shall submit copies to Tenant for approval the requested revisions or modifications. Within three (3) business days following receipt by Tenant of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterationssuch revisions or modifications, Tenant shall provide Landlord give its written approval with two (2) complete copies respect thereto or shall request other revisions or modifications therein, and any time delay incurred in the approval of the Plans from the date of this second notice of disapproval shall constitute Tenant Delay. After approval of the Plans by Tenant’s Design Submission in final form as approved by , no further changes to the Plans shall be made without the prior written approval of Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Emisphere Technologies Inc)

Plans. 1. Before commencing Landlord shall cause its architect to prepare and deliver to Tenant final architectural, electrical and mechanical construction of any Alterationsdrawings, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings plans and specifications for (the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterationsnecessary to construct the Landlord Work, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and which Plans shall be stamped prepared strictly in accordance with the space plan prepared by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. Group Mackenzie, dated October 5, 2006 (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building SystemsPreliminary Plans) (it being understood and agreed that all materials and finishes contemplated by such Preliminary Plans shall be Building-standard materials and finishes unless otherwise expressly provided therein). Notwithstanding that Tenant’s proposed Alterations satisfy all Such preparation and delivery shall occur within 10 Business Days after the date of the preceding criteria, upon review mutual execution and delivery of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall approve or disapprove the Plans in writing. If Tenant disapproves the Plans, Tenant’s written notice of disapproval shall specify any changes or modifications Tenant desires in the Plans. After receipt of such written notice of disapproval, Landlord shall cause its architect to revise the Plans, taking into account the reasons for Tenant’s disapproval (provided, however, that Landlord shall not be required to cause its architect to make any changes revision to Tenant’s Design Submission the Plans that Landlord reasonably disapproves), and resubmit the Plans to Tenant for its approval. Such revision and resubmission shall occur within 3 Business Days after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies receipt of Tenant’s Design Submission notice of disapproval if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than 10 Business Days after such receipt) if such revision is material. Such procedure shall be repeated as necessary until Tenant has approved the Plans. Tenant agrees that it shall be reasonable for Landlord to disapprove any revision to the Plans that would, in final form Landlord’s reasonable judgment, cause the Plans to (a) fail to conform strictly to the Preliminary Plans, or (b) fail to comply with applicable Law or with Landlord’s requirements for avoiding aesthetic or other conflicts with the design and function of the balance of the Building. (The word “architect” as approved by Landlordused in this Exhibit shall include an interior designer or space planner.)

Appears in 1 contract

Samples: Sublease (CarePayment Technologies, Inc.)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within fifteen (15) days after the Delivery Date, Tenant shall submit deliver to Landlord a space plan (the “Tenant Space Plan”) depicting Txxxxx’s desired improvements in the Premises (the “Tenant Improvements”). Within five (5) business days after receipt of the Tenant Space Plan, Landlord will review and approve or disapprove the Tenant Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Space Plan, it shall state with particularity the reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Space Plan to address Landlord’s written concerns. Upon approval either a description of the Alterations or Tenant Space Plan, Tenant shall cause working drawings (hereafter called “Tenant Working Drawings”) of the Tenant Improvements shown on the Tenant Space Plan to be prepared and delivered to Landlord. The Tenant Working Drawings shall consist of the plans and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state form of working drawings or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenantconstruction drawings identifying Txxxxx’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling interior layout of the Premises, and (4) they will not affect the structure or the including complete sets of architectural, structural, mechanical, plumbingelectrical, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans and plumbing working drawings for all Tenant Improvements, in each case to the extent applicable. The Tenant Working Drawings shall include written instructions or any portion specifications as may be necessary or required to secure a building permit from the City of the proposed Alterations. 2Eden Prairie for said improvements to commence in due course. Landlord The Tenant Working Drawings shall review the description or Plans submitted be prepared by Tenant (“Tenant’s Design Submission”) architects and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval engineers selected by Txxxxx and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is reasonably approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any Within five (5) business days after delivery of the requirements Tenant Working Drawings, Landlord shall either reasonably approve the Tenant Working Drawings or notify Tenant of this Exhibit or the Leasereasons Landlord does not reasonably approve them. Tenant shall not make any changes revise the Tenant Working Drawings to Tenant’s Design Submission after approval address the concerns raised by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural landlord and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings then resubmit for Landlord’s review and approvalapproval pursuant to this Section. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. 1. Before commencing construction Ten (10) days prior to the commencement of any Alterations, construction Tenant shall submit to Landlord for Landlord’s written 's approval either a description of the Alterations or drawings preliminary plans and specifications for the Alterationsconstruction ("preliminary Plans"). As promptly as possible after submission of the Preliminary Plans, but in any event within twenty (20) days after receipt thereof, the Landlord will notify the Tenant of any objections thereto (specifying in reasonable detail such objections) and Tenant shall cause such objections to be rectified and to promptly resubmit the revised Preliminary Plans to the Landlord. Landlord's right to object to the Preliminary Plans shall be limited to objections that the submitted Preliminary Plans do not provide for a quality first class structure, workmanship and materials, or functional or architectural harmony with existing improvements, or otherwise do not meet the requirements of this Lease or any applicable Governmental Requirements. Tenant will, immediately after receipt of written notice of objections from Landlord, undertake to amend or modify the Preliminary Plans to conform to the requirements of this Lease and to cure any objections from the Landlord. In the event of Landlord's failure to give written notice of any objections within any of the requisite time periods, the Preliminary Plans as follows: (i) submitted to Landlord shall be deemed approved by the Landlord. Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: one (1) copy of the "Final Plans" to Landlord prior to submission to the Building Department for a Building Permit (the "Final Plans"). Within ten (10) days after the Final Plans have been received by Landlord for final approval, Landlord shall give written notice of its approval or disapproval thereof, specifying in the latter event, its reasons therefor. Such approval shall not be unreasonably withheld and the right to disapprove the Final Plans shall be limited to objections that they are cosmetic in nature (e.g. paintingnot consistent developments of the Preliminary Plans, wallpapering, installation of floor coverings, etc.), (2) they or do not require a building permitmeet the requirements of this Lease or applicable Governmental Requirements. In the event the Landlord fails to give notice of its approval or disapproval of the Final Plans, as submitted to Landlord, within said ten (310) they do not require work day period, the Final Plans shall be deemed approved by the Landlord. Notwithstanding anything contained in this Lease which is or may be construed to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionto be contrary, Landlord shall have no liability or obligation whatsoever in connection with any of the right to require Tenant to submit Plans and no responsibility for the adequacy thereof or for the construction of all or any portion of the proposed Alterations. 2Premises contemplated by the Plans. Landlord shall review has no duty to inspect the description or Plans submitted by Tenant (“Tenant’s Design Submission”) Premises, and notify Tenant of approval or disapproval. If if Landlord disapproves Tenant’s Design Submissionshould inspect the Premises, Landlord shall specify the reasons for its disapproval and have no liability or obligation to Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlordor any other Person arising out of such inspection. No approval such inspection, or any failure by Landlord of Tenant’s Design Submission to make objections after any such inspection, shall constitute an agreement or a representation by Landlord that the Premises is in accordance with the Plans or constitute a waiver of any of Landlord's right thereafter to insist that the requirements of this Exhibit or Premises be constructed in accordance with the LeasePlans. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.49 EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Lease Agreement (Acres Gaming Inc)

Plans. 1Landlord and Tenant have developed and approved construction drawings and specifications specified in Exhibit D hereto (the "Phase I Complete Plans") showing all work to be performed by Landlord for the amount specified as the Tenant Allowance for Phase I Leasehold Improvements, except for installation of furnishings and the installation of telephone and data outlets (which must be performed by a qualified installer at the Tenant's direction and expense). Before commencing construction of any Alterations, Landlord and Tenant shall submit for Landlord’s written approval either a description of the Alterations or proceed to develop and approve construction drawings and specifications for the Alterations, Phase II Leasehold Improvements (as follows: hereinafter defined) for the Premises (ithe "Phase II Complete Plans") in accordance with the procedure set forth in Exhibit E attached hereto. Landlord and Tenant shall submit drawings initial the Phase II Complete Plans after the same have been approved by Landlord and written specifications Tenant in accordance with said Exhibit E. Tenant's interior furnishings, i.e., specification, coordination, supply and installation of furniture, furnishings, telephones and movable equipment, will be the responsibility of Tenant. Tenant's installation of furnishings shall be coordinated with any work being performed by Landlord in such manner as to maintain harmonious labor relations during the performance of the Phase I Leasehold Improvements and the Phase II Leasehold Improvements, respectively, and not to damage the Building or Lot or interfere with Building or Lot operations. Except for installation of furnishings and the installation of telephone and data outlets (which must be performed by a qualified installer at the Tenant's direction and expense) all work described in the Phase I Complete Plans and the Phase II Complete Plans (the "Phase I Leasehold Improvements" and the "Phase II Leasehold Improvements," as applicable, and collectively, “Plans”the "Leasehold Improvements") for shall be performed by Siena Construction or another contractor designated by Landlord and reasonably approved by Tenant ("Landlord's Contractor"). Except as set forth in Sections 3.3 and 5.1.10 hereof, all Leasehold Improvements shall become a part of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, the Premises and shall be stamped by an AIA architect licensed in considered to be the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all property of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)Landlord. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteriaforegoing, upon review of Tenant’s submission, Landlord shall have at the right to require Tenant to submit Plans for all expiration or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements earlier termination of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of be permitted to remove all removable equipment paid for by Tenant and installed by Tenant at Tenant’s Design Submission in final form as approved by Landlord's sole cost and expense.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Plans. 1. Before commencing construction a. On Tenant’s behalf, Landlord shall select architects and engineers (collectively “Architect”), who will do the following at Tenant’s expense (which expense shall be deducted from the Allowance): i. Attend a reasonable number of any Alterations, meetings with Tenant shall submit for and Landlord’s written approval either a description of the Alterations or drawings and specifications agent to define Tenant’s requirements for the Alterations, as follows:Tenant Improvements. ii. Provide a space plan (i) Tenant shall submit drawings and written specifications (collectively, PlansSpace Plan”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4iii. Before commencing Complete construction drawings for Tenant’s partition layout, reflected ceiling grid, telephone and electrical outlets, keying, and finish schedule (“Construction Drawings”) based on the Space Plan. iv. Complete building standard mechanical plans where necessary (for installation of air conditioning system and duct work, and heating and electrical facilities) for the work to be done in the Premises (“Mechanical Drawings”) (the Space Plan, Construction Drawings and Mechanical Drawings are collectively referred to as the “Plans”). b. Tenant shall review and provide comments to or approve the Space Plan, in writing, within five (5) business days after receipt. Any Tenant delay in reviewing the Space Plan shall not delay the Commencement Date under the Lease. c. Tenant also review and provide comments or approve the Construction Drawings and Mechanical Drawings within five (5) business days after receipt. Failure to provide any comments to the Construction Drawings or Mechanical Drawings within five (5) business days after receipt shall constitute Tenant’s approval of such Construction Drawings or Mechanical Drawings. d. All Plans (and any modifications to the Plans) shall be subject to Landlord’s prior written approval. Landlord agrees that it will not unreasonably withhold its approval of the Plans, or modifications to the Plans; provided, however, Landlord shall have sole and absolute discretion to approve or disapprove any Tenant Improvements that will be visible to the exterior of the Premises, or which may affect the structural integrity of the Building. Any approval of the Plans by Landlord shall not constitute approval of any Alterationsdelays caused by Tenant and shall not be deemed a waiver of any rights or remedies that may arise as a result of such delays. Landlord may condition its approval of the Plans on Tenant paying rent prior to completion of the Tenant Improvements, if the Plans require special design elements or materials that would cause Landlord to deliver possession of the Premises to Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlordafter the scheduled Commencement Date.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Plans. 1. Before Prior to commencing construction of any AlterationsTenant Work, Tenant shall submit for Landlord’s written approval either a description shall, at its sole risk and cost, deliver to Landlord separate sets of the Alterations or drawings architectural plans and specifications for (the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenantthe proposed Tenant Work. The Plans shall be subject to Landlord’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, approval and shall be stamped approved by an AIA architect licensed in the state all local governmental authorities with jurisdiction. Landlord will not unreasonably withhold, delay or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description condition its approval of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu any Plans, provided, that Landlord shall be deemed to have reasonably withheld its approval of submitting such Plans if the proposed Alterations meet all Tenant Work shown on such proposed Plans, in Landlord’s reasonable opinion, either: (i) is likely to adversely affect the operating systems, structure (including but not limited to any part of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.roof), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling exterior appearance of the Premises, and (4) they will not affect Buildings; operating systems or the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Buildings, including its roof; (ii) is likely to materially increase the cost of operating the Buildings; (iii) would violate any governmental laws, rules or ordinances; (iv) contains or uses Hazardous Materials other than those permitted by all applicable laws; (v) is not approved or permitted by any mortgagee or beneficiary under any mortgage or deed of trust encumbering the Park; or (vi) is not in accordance with “Landlord’s Building (collectivelyStandards”, as that term is defined in Exhibit B to the “Building Systems”)Original Lease. Notwithstanding If Landlord notifies Tenant that Tenant’s changes are required to any Plans, Tenant shall promptly submit to Landlord, for its approval, such Plans amended in accordance with the changes so required. Tenant shall also revise the proposed Alterations satisfy all of Plans and change the preceding criteria, upon review of Tenant’s submission, Landlord shall have proposed Tenant Work shown on such proposed Plans to incorporate any work required in the right to require Tenant to submit Plans for all or any relevant portion of the proposed Alterations. 2Premises by any local governmental field inspector. Landlord shall review deliver written notice (the description “Approval Notice”) to Tenant of its approval of any Plans, provided that any Plans which Tenant has duly submitted to Landlord for approval shall be deemed approved by Landlord if Landlord fails to provide notice to Tenant of any comments or objections within 5 days after Landlord received such proposed Plans. Any Plans submitted approved by Tenant Landlord or deemed approved by Landlord are “Approved Plans”. Landlord’s approval of any Plans shall in no way be deemed to be (a) an acceptance or approval of any element in such Plans which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (b) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws, or satisfy Tenant’s Design Submission”) objectives and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceneeds. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ditech Communications Corp)

Plans. 1. Before commencing Based on the approved Space Plan, Landlord shall cause its architects and engineers to prepare and submit to Tenant for approval detailed plans, specifications and working drawings ("Plans") for the construction of Tenant's leasehold improvements to the Premises ("Improvements"). Landlord reserves the right to approve any Alterationsspace planner, Tenant architect or engineer if employed by Tenant. As used herein, the term "Improvements" shall submit for Landlord’s written approval either a description of include all non-base building work to be done in the Alterations or drawings Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and specifications for the Alterationswall coverings), as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanicalwindow coverings, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintinglighting, wallpaperingswitching, installation of floor coveringstelephones, outlets, computer and special electrical equipment, etc.), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. If Tenant has leased an entire floor, the Improvements shall include finished toilet rooms, corridors and elevator vestibules. Landlord shall submit the Plans to Tenant for approval within ten (210) they do not require a building permit, business days following Tenant's approval of the Space Plan. Within three (3) they do not require work to be performed inside walls or above the ceiling business days after receipt by Tenant of the PremisesPlans, Tenant (i) shall give its written approval with respect thereto, or (ii) shall notify Landlord in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Tenant to give its approval. Within five (45) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review business days following Landlord's receipt of Tenant’s submission's disapproval, Landlord shall have submit to Tenant for approval the right to require requested revisions or modifications. Within three (3) business days following receipt by Tenant to submit Plans for all of such revisions or modifications, Tenant shall give its written approval with respect thereto or shall request other revisions or modifications therein, and any portion time delay incurred in the approval of the proposed Alterations. 2Plans from the date of this second notice of disapproval shall constitute Tenant Delay. After approval of the Plans by Tenant, no further changes to the Plans shall be made without the prior written approval of Landlord shall review the description or Plans submitted by and only after Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission agreeing that any delays in design and/or construction resulting from such change shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceDelay. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Deed of Lease (Jaymark Inc)

Plans. 1. Before commencing construction and specifications prepared by and at the expense of any Alterations, Tenant shall submit theretofore submitted to Landlord for Landlord’s its prior written approval either in compliance with subparagraph a description of the Alterations this Article. No such installations or drawings work shall be undertaken, started or begun by Tenant, its agents, servants or employees, until Landlord has approved such plans and specifications; and no amendments or additions to such plans and specifications for shall be made without the Alterations, as follows: (i) Tenant shall submit drawings and prior written specifications (collectively, “Plans”) for all consent of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesLandlord, and shall be stamped subject to Landlord's supervisory fee charge, which shall not exceed 10% of the cost of such alteration. Tenant agrees that it will not, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by an AIA architect licensed Tenant or Landlord or others in the state construction, maintenance and/or operation of the Building or district any part thereof. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may require. At Landlord's request, Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's, liens upon the real property in which the Property demised premises are located, for all property in which the demised premises are located, for all work, labor and services performed and materials furnished in connection with such work after payment therefore, signed by all contractors, sub-contractors, materialmen and laborers involved in such work. Notwithstanding the foregoing, if any mechanic's lien is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if filed against the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingdemised premises, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanicalBuilding, plumbingfor work claimed to have been done for, HVAC, electrical or life safety systems of materials furnished to Tenant whether or not done pursuant to this Article the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord same shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted be discharged by Tenant (“within ten days thereafter, at Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission's expense, Landlord shall specify by filing the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved bond required by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instancelaw. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Amnex Inc)

Plans. 1. Before commencing construction of any Alterations, The Tenant Improvements shall submit for Landlord’s written approval either be constructed substantially as shown on a description of the Alterations or drawings and specifications for the Alterations, as follows: conceptual space plan (i) Tenant shall submit drawings and written specifications (collectively, PlansSpace Plan”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are the Premises to be complete, with full details and finish schedules, and shall be stamped prepared by an AIA architect licensed in the state or district in which the Property a space planner (“Space Planner”) who is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above retained by Tenant as the ceiling of space planner for the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of approve the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of Space Planner, which approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlordbe unreasonably withheld, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3conditioned or delayed. All mechanical, electrical, structural and floor loading requirements The Space Plan shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Space Plan which Landlord approves is herein called the “Approved Space Plan”. Landlord shall use reasonable efforts to approve or disapprove the Space Plan by written notice to Tenant within five (5) Business Days after receipt. The Space Planner will prepare and deliver to Landlord and Tenant detailed plans and specifications consistent with the Approved Space Plan and sufficient to permit the construction of the Tenant Improvements by the Contractor (“Construction Documents”). Landlord shall approve or disapprove the Construction Documents by written notice to Tenant and the Space Planner within five (5) Business Days after receipt, specifying in reasonable detail any changes or modifications Landlord reasonably desires in the Construction Documents. Landlord shall not unreasonably require changes or modifications or withhold its approval of the Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Construction Documents if (1) the Tenant Improvements will affect the Building’s structure or the Building systems, (2) any element of the Tenant Improvements fails to comply with any applicable Law, or (3) the cost of removing the Tenant Improvements at the end of the Lease Term would be excessive in Landlord’s engineersreasonable estimation. The Space Planner will then revise the Construction Documents and resubmit them to Tenant and to Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any AlterationsLandlord shall approve or disapprove the same within five (5) Business Days after receipt. The revised Construction Documents, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord, are hereinafter referred to as the “Final Construction Documents”. Tenant shall be responsible for the costs of all Construction Documents, which may be paid for out of the “Improvement Allowance” (as defined below). In the event that Landlord fails to approve or disapprove any Construction Documents that are materially consistent with the Approved Space Plan within ten (10) Business Days following Tenant’s submission thereof the Landlord, such failure shall be deemed Landlord’s disapproval of the Construction Documents as the Final Construction Documents.

Appears in 1 contract

Samples: Lease Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

Plans. 1. Before commencing Tenant shall cause its architects and engineers to ----- prepare and submit to Landlord for approval detailed plans, specifications and working drawings ("Plans") for the construction of Tenant's leasehold improvements ("Improvements") to the Premises, which such approval shall not be unreasonably withheld, conditioned or delayed. Landlord reserves the right to reasonably approve any Alterationsspace planner, architect or engineer employed by Tenant. Tenant's Plans shall include items and information as Landlord shall reasonably require to evaluate Tenant's work. Tenant shall submit for Landlord’s written approval either use the Plans to obtain all permits and approvals which are necessary to construct the Improvements. All Improvements shall be constructed in a description of good and workmanlike manner and in accordance with all applicable laws, codes and regulations, including the Alterations or drawings and specifications for the Alterations, as follows: Americans with Disabilities Act (i"ADA"). It is expressly agreed that (a) Tenant shall submit drawings not commence any such work until said Plans have been approved by Landlord, and written specifications (collectivelyb) the Plans which have been so approved by Landlord shall be used by Tenant to obtain all permits that are necessary to construct the Improvements. As used herein, “Plans”) for the term "Improvements" shall include all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are work to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed done in the state or district in which Premises pursuant to the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteriaPlans, including, but not limited to: (1) they are cosmetic in nature (e.g. paintingdemolition work, wallpaperingpartitioning, installation of doors, ceiling, floor coverings, etc.wall finishes (including paint and wallcoverings), window coverings, electrical (2) they do excluding the cost of computer cabling), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. After approval of the Plans by Landlord, no material changes to the Plan shall be made without the prior written approval of Landlord which such approval shall not require be unreasonably withheld, conditioned or delayed. Tenant acknowledges that Landlord's review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of which shall remain the preceding criteria, upon review responsibility of Tenant and Tenant’s submission's architect. Accordingly, Landlord shall have not be responsible for any delays in obtaining the right building permit due to require Tenant to submit the insufficiency of the Plans for all or any portion of delays due to changes in the proposed AlterationsPlans required by the applicable governmental regulatory agencies reviewing the Plans. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

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Plans. 1Subtenant has contracted with Xxxxxxx Xxxxxxx & ----- Associates as Subtenant's architect (the "Architect") to provide interior space planning, programming, construction documentation and construction administration services. Before commencing construction Sublandlord and Master Landlord have approved the Architect. On or before full execution and delivery of any Alterationsthis Agreement by the parties, Tenant Subtenant shall submit to Master Landlord and Sublandlord for Master Landlord’s written approval either a description of 's and Sublandlord's approval, the Alterations or Subtenant-approved preliminary space plans, drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”the "Space Plan") for all of Tenant’s Alterations, including mechanical, electrical describing and cabling, plumbing depicting the proposed Subtenant Improvements in sufficient detail to allow the General Contractor to prepare a preliminary cost estimate (the "Cost Estimate") as provided below. Subtenant shall also cause the Architect to prepare and architectural drawings. Drawings are cause to be completecompleted, approved by Subtenant and submitted to Master Landlord and Sublandlord Final Working Drawings and Specifications (as defined below) as may be required to satisfy all applicable requirements for issuance of all requisite governmental approvals and permits and sufficient to permit the construction of the Subtenant improvements by the: General Contractor, as provided below. Subtenant shall devote such consultation time with full details Master Landlord, Sublandlord and finish schedulesthe Architect, and shall furnish the Architect such information, as may be stamped necessary to finalize the Working Drawings and Specifications. Sublandlord and Master Landlord hereby approve the Subtenant Improvements described on the Working Drawings and Specifications submitted to Sublandlord and Master Landlord prior to the date hereof, which Working Drawings and Specifications are more particularly described on the attached Exhibit B, --------- subject to review and approval by Sublandlord and Master Landlord of Subtenant's electrical and mechanical plans and specifications; provided, however, that Master Landlord's approval is conditioned upon and subject to Sublandlord's restoration obligations (to cause Building Standard dropped ceiling and lighting fixtures to be installed in all areas where Subtenant's plans provide for an AIA architect licensed open ceiling) as provided in Paragraph 10 of the Consent Agreement. Except as provided in the state Consent Agreement, or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit as a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all condition to Landlord's approval of the following criteria: (1) electrical or mechanical plans and specifications or of any Changes, neither Subtenant nor Sublandlord shall be entitled or required to remove any of the Subtenant improvements. Sublandlord and Master Landlord agree not to withhold their consent to Subtenant's electrical and mechanical plans and specifications, provided that they are cosmetic in nature (e.g. paintingall material respects consistent with the Space Plan and the previously submitted Working Drawings and Specifications; provided, wallpaperinghowever, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, that Sublandlord and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Master Landlord shall have the right to withhold consent if the electrical and mechanical plans and specifications: (i) would require Tenant any changes to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements Base Building Work (as defined in the Construction Rider attached to the Original Lease), (ii) do not include the Building Standard Work (as defined in the Construction Rider attached to the Original Lease), or (iii) would result in improvements of lower quality than the improvements currently existing in the Building. Within three (3) business days after receipt of Subtenant's electrical and mechanical plans and specifications, Sublandlord shall either (i) approve Subtenant's electrical and mechanical plans and specifications, or (ii) notify Subtenant in writing of specific requests for changes and corrections as may be necessary to ensure compatibility with the Building and the Original Leased Premises and to receive final approval from Sublandlord. Within five (5) business days after receipt of Subtenant's electrical and mechanical plans and specifications, Master Landlord shall either (i) approve Subtenant's electrical and mechanical plans and specifications, or (ii) notify Subtenant in writing of specific requests for changes and corrections as may be necessary to ensure compatibility with the Building and the Original Leased Premises and to receive final approval from Master Landlord. If Sublandlord and/or Master Landlord has requested changes or corrections, Subtenant shall revise the Working Drawings and Specifications accordingly and deliver Subtenant's revised Working Drawings and Specifications to Sublandlord and Master Landlord within five (5) business days after receipt of Sublandlord's and/or Master Landlord's request. Within three (3) business days after receipt of Subtenant's revised Working Drawings and Specifications, Master Landlord and Sublandlord shall either approve the revised Working Drawings and Specifications or specify needed changes or corrections as described above (and this Exhibit or the Lease. Tenant process shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required continue as needed to obtain governmental permits, without obtaining Master Landlord’s written approval in each instance. 3's and Sublandlord's approval). All mechanical, electrical, structural and floor loading requirements In no event shall be subject to any time period required for revision or approval of Landlord’s engineersthe Working Drawings and Specifications delay the Sublease Commencement Date. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review The final Working Drawings and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form Specifications as approved by LandlordSubtenant, Sublandlord and Master Landlord shall hereinafter be referred to as the "Final Working Drawings and Specifications." days of receipt thereof, Subtenant shall (a) approve the Cost Estimate or (b) deliver specific changes to the Final Working Drawings and. Specifications to reduce costs.

Appears in 1 contract

Samples: Sublease Agreement (Talk City Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require approve or reject such plans in its sole discretion and shall notify Tenant in sufficient detail as to submit Plans for all or why Landlord is rejecting any portion of the proposed Alterations. 2Tenant's Plans. Tenant shall review Landlord's proposed revisions, and Tenant either shall sign off on the proposed Tenant's Plans or reject and modify the proposed Tenant's Plans, prepared in accordance with Subsection (b) above within five (5) Business Days after receipt of such Tenant's Plans by Architect and Engineer; (c) Following the approval of Tenant's Plans by Landlord and Tenant, (3) pre-approved contractors for the performance of Landlord shall review obtain bids from at least three each of the description following portions of Landlord's Work, as applicable, provided for by the Tenant's Plans: electrical; mechanical; plumbing; drywall; wall finishes; and carpeting. Tenant, with Landlord's approval, may also select an alternate contractor for pricing of some or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant all of approval or disapprovalsuch construction activities, provided that no Building Systems are involved. If Landlord disapproves Tenant’s Design SubmissionNotwithstanding anything above to the contrary, Landlord shall specify not be required to bid minor build-outs; (d) Following receipt of bids from the reasons general contractors based upon the approved Tenant's Plans and an opportunity for its disapproval and Tenant shall to revise Tenant’s Design Submission to meet Landlord’s objections's Plans, at Tenant's cost, the Construction Documents shall be prepared from such Tenant's Plans by Architect and Engineer, and a contract for construction shall resubmit the same be awarded by Landlord to a bidder with a price and construction schedule reasonably acceptable to Landlord as so revised until and Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission Construction shall constitute a waiver of any of the requirements of this Exhibit or the Leasebe commenced and diligently pursued to completion in accordance with such construction schedule. Tenant shall not make any changes Upon prior notice to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require make reasonable substitutions of equal or better quality and value for Building Standard Materials in the event of unavailability of materials or altered field conditions; (e) Landlord shall give Tenant five (5) Business Days prior written notice of its anticipated date of "Substantial Completion" (i.e., the date upon which Landlord's Work shall have been substantially completed, except for punch list items, in accordance with the Construction Documents); (f) Items shown on a punch list to submit copies be prepared by Tenant, Architect and Engineer at Substantial Completion will then be completed, and Landlord shall thereafter obtain a Temporary Certificate of shop drawings Occupancy, if necessary, and a permanent Certificate of Occupancy for Landlord’s review the Premises, if required, as promptly as possible; and approval. 4. Before commencing construction (g) Any unused portion of any Alterations, the Tenant Improvement Allowance shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by belong to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Intacta Technologies Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings prepare at its sole cost and expense, plans and specifications for the Alterations, as follows: improvements Tenant desires to make to the Premises (i) Tenant shall submit drawings and written specifications (collectively, the “Plans”). The Plans shall be submitted to Landlord for Landlord’s reasonable approval, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord shall respond in writing to such request within ten (10) for all of business days after Tenant’s Alterationsrequest. Any disapproval by Landlord of the Plans shall be accompanied by a reasonably specific statement of reasons therefor. If disapproved by Landlord, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are Tenant shall cause the Plans to be completerevised in a manner sufficient to remedy Landlord's objections and/or respond to Landlord's concerns and shall resubmit the revised the Plans to Landlord. If Landlord shall again disapprove of the Plans, with full details Tenant shall again revise such plans and finish schedules, and resubmit them to Landlord pursuant to the foregoing procedures until the Plans have been approved by Landlord. The final approved Plans shall be stamped by an AIA a Massachusetts-registered architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingand/or engineer, wallpaperingsuch architect and engineer being subject to Landlord's reasonable approval, installation of floor coverings, etc.), (2) they do such approval not require a building permit, (3) they do not require work to be performed inside walls unreasonably withheld, conditioned or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionsdelayed, and shall resubmit comply with all applicable laws, ordinances and regulations (including, without limitation, the same applicable requirements of the Americans with Disabilities Act of 1990 and the Massachusetts Architectural Access Board, as amended from time to time, and the regulations promulgated thereunder) and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not approve any alterations or additions that require unusual expense to readapt the Premises to normal office use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by that such readaptation will be made prior to such expiration or termination without expense to Landlord of Tenant’s Design Submission shall constitute a waiver and for payment of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineerssuch increased cost. Landlord also reserves the right to require Tenant to submit copies use Landlord’s engineer to prepare all engineering plans and drawings for any structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler portions of shop drawings Tenant’s Expansion Premises Work. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to Tenant’s Expansion Premises A Work or Tenant’s Expansion Premises B Work is solely for Landlord’s review benefit, and approvalwithout any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Karuna Therapeutics, Inc.)

Plans. 1Tenant shall cause to be performed certain remodeling work (the "Tenant Improvements") in and about the Premises in accordance with plans and specifications prepared by Tenant and approved by Landlord (the "Plans"), which approvals shall not be unreasonably withheld, delayed or conditioned. Before commencing Tenant may perform the design and/or construction of any Alterationsthe Tenant Improvements in stages in order to accommodate the ongoing growth in the number of Tenant's employees in the Premises, Tenant's on-going business operations and other operational issues for Tenant, Tenant shall submit cause the Plans to be prepared, at Tenant's cost, by a registered professional architect and mechanical and electrical engineer(s). Landlord's Tenant Improvements Guidelines, attached hereto as Exhibit A-1, which are attached for the purpose of informing Tenant of Landlord's general design preferences and material specifications with respect to any Tenant Improvements. Tenant agrees to use reasonable efforts to prepare its plans and specifications in compliance with Landlord's Tenant Improvement Guidelines to the extent applicable to the Tenant Improvements contemplated by Tenant; provided, however, that Tenant must obtain Landlord's written approval prior to the installation of any Tenant Improvements that deviate from the terms and conditions set forth in Landlord's Tenant Improvement Guidelines. Tenant shall furnish the initial draft of the Plans to Landlord for Landlord’s written approval either a description of 's review and approval. In the Alterations or drawings and specifications for the Alterations, as follows: event that (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for delivers a draft of the Plans which includes all of Tenant’s Alterationsthe information Landlord requires to make a decision to approve or disapprove the Plans (the "First Plans Request Notice"), including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description Landlord does not approve or disapprove such proposed Plans within twenty five (25) days of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all Landlord's receipt of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.)First Plans Request Notice, (2iii) they do after such twenty five (25) day period Tenant delivers written notice to Landlord specifying that Landlord has not require a building permit, responded to the request (3) they do not require work to be performed inside walls or above the ceiling of the Premises"Second Plans Request Notice"), and (4iv) they will Landlord does not affect approve or disapprove the structure or the mechanical, plumbing, HVAC, electrical or life safety systems proposed Plans within fifteen (15) days of Landlord's receipt of the Building (collectivelySecond Plans Request Notice, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, then Landlord shall be deemed to have the right to require Tenant to submit Plans for all or any portion of approved the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapprovalPlans. If Landlord disapproves Tenant’s Design Submissionprovides Tenant with comments to the initial draft of the Plans, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same provide revised Plans to Landlord as so incorporating Landlord's comments after receipt of Landlord's comments. Landlord agrees to use commercially reasonable efforts to respond promptly to revisions to Plans. Plans will be revised by Tenant and reviewed by Landlord until Tenant’s Design Submission is the Plans have been finally approved by Landlord. No Tenant hereby agrees that the Plow for the Tenant Improvements shall comply with all applicable Governmental Requirements. Landlord's approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements Plans shall be solely for the purposes of this Exhibit or authorizing construction of the LeaseTenant Improvements, and shall not be deemed to be an approval of the technical merits of the Plans nor a verification that such Tenant Improvements and/or the Plans comply with applicable Governmental Requirements. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval be solely responsible for ensuring that the `Tenant Improvements are designed and constructed in each instanceaccordance with all applicable Governmental Requirements. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Sharper Image Corp)

Plans. 1. Before commencing construction Improvements shall be constructed in the Premises in accordance with this Paragraph l. Within ten (10) Business Days of any Alterationsthe date of this Lease, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings furnish to Landlord sufficient information so as to enable Landlord to prepare preliminary layout plans and finish specifications for the AlterationsPremises (the "Space Plans"). On the basis of such information, as follows: Landlord shall furnish to Tenant for Tenant's written approval (iwhich shall not be unreasonably withheld) the Space Plans prepared by Landlord's architect. Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are respond to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Space Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, within three (3) they do not require work to be performed inside walls or above the ceiling Business Days of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2its receipt thereof. Landlord shall review respond promptly to any reasonable objections of Tenant to the description or Space Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so Tenant for Tenant's approval (which shall not be unreasonably withheld) appropriately revised until Tenant’s Design Submission is approved Space Plans prepared by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease's architect. Tenant shall not make any changes respond to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with revised Space Planx xxxxxx two (2) complete copies Business Days of its receipt thereof. This procedure shall be repeated until the Space Plans are approved by Tenant’s Design Submission . If Tenant fails to respond to the Space Plans or the revised Space Plans within the periods described above, Tenant shall be deemed to have approved the Space Plans or revised Space Plans, as applicable. The Space Plans, as finally approved in final form writing by Landlord and Tenant, shall be referred to herein as the "Final Space Plans." After completion of the Final Space Plans, Landlord shall furnish to Tenant for Tenant's written approval (which shall not be unreasonably withheld) working plans and specifications (the "Working Drawings") for the Premises prepared by Landlord's architect. Tenant shall respond to the Working Drawings wxxxxx xxree (3) Business Days of its receipt thereof. Landlord shall respond promptly to any reasonable objections of Tenant to the Working Drawings and shall resubmit to Tenant for Tenant's approval (which shall not be unreasonably withheld) appropriately revised Working Drawings prepared by Landlord's architect. Tenant shall respond to the revised Working Drxxxxxx xithin two (2) Business Days of its receipt thereof. This procedure shall be repeated until the Working Drawings are approved by Tenant. If Tenant fails to respond to the Working Drawings or the revised Working Drawings within the periods described above, Tenant shall be deemed to have approved the Working Drawings or revised Working Drawings, as applicable. The Working Drawings, as approved in writing by Landlord and Tenant, as revised in accordance with the following provisions of this Paragraph l, are hereinafter called the "Final Plans", and the improvements to be performed in accordance with the Final Plans are hereinafter called the "Tenant Improvements". Restroom facilities shall be constructed in the Premises as part of the Tenant Improvements. Any delay in Substantial Completion of the Tenant Improvements or increased cost of the Tenant Improvements caused directly or indirectly by any revision to the Space Plans or the Working Drawings requested by Tenant or to otherwise make the same acceptable to Tenant after the initial submission thereof to Tenant by Landlord, shall constitute a Tenant Delay under Section 2 of the Lease; provided, however, that as to the Space Plans only, Tenant shall be entitled to request revisions to the initial submission thereof to Tenant, without the same giving rise to Tenant Delay. Tenant acknowledges that the Tenant Improvements must include restrooms in the Premises.

Appears in 1 contract

Samples: Net Lease (Leapfrog Enterprises Inc)

Plans. 1. Before commencing construction of any AlterationsIf it has not done so already, within fifteen (15) days after the Delivery Date, Tenant shall submit deliver to Landlord a space plan (the “Tenant Space Plan”) depicting Xxxxxx’s desired improvements in the Premises (the “Tenant Improvements”). Within five (5) business days after receipt of the Tenant Space Plan, Landlord will review and approve or disapprove the Tenant Space Plan in its reasonable discretion. If Landlord disapproves the Tenant Space Plan, it shall state with particularity the reasons for such disapproval. If disapproved, Tenant shall revise the Tenant Space Plan to address Landlord’s written concerns. Upon approval either a description of the Alterations or Tenant Space Plan, Tenant shall cause working drawings (hereafter called “Tenant Working Drawings”) of the Tenant Improvements shown on the Tenant Space Plan to be prepared and delivered to Landlord. The Tenant Working Drawings shall consist of the plans and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state form of working drawings or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenantconstruction drawings identifying Xxxxxx’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling interior layout of the Premises, and (4) they will not affect the structure or the including complete sets of architectural, structural, mechanical, plumbingelectrical, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans and plumbing working drawings for all Tenant Improvements, in each case to the extent applicable. The Tenant Working Drawings shall include written instructions or any portion specifications as may be necessary or required to secure a building permit from the City of the proposed Alterations. 2Eden Prairie for said improvements to commence in due course. Landlord The Tenant Working Drawings shall review the description or Plans submitted be prepared by Tenant (“Tenant’s Design Submission”) architects and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval engineers selected by Xxxxxx and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is reasonably approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any Within five (5) business days after delivery of the requirements Tenant Working Drawings, Landlord shall either reasonably approve the Tenant Working Drawings or notify Tenant of this Exhibit or the Leasereasons Landlord does not reasonably approve them. Tenant shall not make any changes revise the Tenant Working Drawings to Tenant’s Design Submission after approval address the concerns raised by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural landlord and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings then resubmit for Landlord’s review and approvalapproval pursuant to this Section. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Surmodics Inc)

Plans. 1. Before commencing Based on the approved Space Plan, Lessee shall cause to be prepared and to be submitted to Lessor for approval detailed plans, specifications and working drawings ("Plans") for the construction of any AlterationsLessee's leasehold improvements to the Premises ("Improvements"). Lessor reserves the right require Lessee to use Lessor's space planner, Tenant architect and/or engineer. If Lessee uses its own architect, space planner or engineer, Lessor shall submit for Landlord’s written approval either a description have the right to employ Lessor's architect and/or engineer to review the Plans, and the cost of such review shall be paid from the Alterations or drawings Improvement Allowance. As used herein, the term "Improvements" shall include all work to be done in the Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and specifications for the Alterationswallcoverings), as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanicalwindow coverings, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintinglighting, wallpaperingswitching, installation of floor coveringstelephones, outlets, computer and special electrical equipment, etc.), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. Lessee shall submit the Plans to Lessor for approval within ten (210) they do days following Lessor's approval of the Space Plan. Within ten (10) days after receipt by Lessor of the Plans, Lessor (i) shall give its written approval with respect thereto, or (ii) shall notify Lessee in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Lessor to give its approval. Within ten (10) days following Lessee's receipt of Lessor's disapproval, Lessee shall submit to Lessor for approval the requested revisions or modifications. Within ten (10) days following receipt by Lessor of such revisions or modifications, Lessor shall give its written approval with respect thereto or shall request other revisions or modifications therein (but relating only to the extent Lessee has failed to comply with Lessor's earlier requests). The preceding sentence shall be implemented repeatedly until Lessor gives its approval to Lessee's Plans. After approval of the Plans by Lessor, no further changes to the Plans shall be made without the prior written approval of Lessor. Lessee acknowledges that Lessor's review and approval of the Plans is not require conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations or their sufficiency for purposes of obtaining a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of which shall remain the preceding criteria, upon review responsibility of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed AlterationsLessee and Lessee's architect. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (MRV Communications Inc)

Plans. 1. Before commencing construction and specifications prepared by and at the expense of any Alterations, Tenant shall submit theretofore submitted to Landlord for Landlord’s its prior written approval either a description of the Alterations which shall not be unreasonably withheld, conditioned or drawings delayed; no installations or work shall be undertaken, started or begun by Tenant, its agents, servants or employees, until Landlord has approved (which shall not be unreasonably withheld, conditioned or delayed) such plans and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. subject to Landlord's supervisory fee charge of five (ii5%) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all percent of the following criteria: total value of the work to be performed; and no amendments or auditions to such plans and specifications shall be made without the prior written consent of Landlord (1which shall not be unreasonably withheld, conditioned or delayed) they are cosmetic in nature and shall be subject to Landlord's supervisory fee charge of five (e.g. painting, wallpapering, installation 5%) percent of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require the total value of work to be performed inside walls . If Landlord performs the alterations for Tenant, Tenant shall not be subject to any supervisory fee. Standard painting and/or carpeting shall not be subject to the supervisory fee charge. Tenant agrees that it will not, either directly or above indirectly, use, suffer or permit any contractors, sub-contractors and/or labor and/or materials if the ceiling use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by Tenant or Landlord or others in the Premisesconstruction, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems maintenance and/or operation of the Building or any part thereof. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (collectivelyupon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors material persons to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may require. Tenant agrees to obtain and deliver to Landlord, after the “Building Systems”)construction and/or alterations have been completed, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all property in which the Demised Premises are located, for all work, labor and services performed and materials furnished in connection with such work after payment therefor, signed by all contractors, sub-contractors, materialmen and laborers involved in such work. Notwithstanding that the foregoing, if any mechanic's lien is filed against the Demised Premises, or the Building, for work claimed to have been done for, or materials furnished to, Tenant’s proposed Alterations satisfy all of , whether or not done pursuant to this Article the preceding criteria, upon review of Tenant’s submission, Landlord same shall have the right to require Tenant to submit Plans for all be discharged or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted bonded (and removed as a lien) by Tenant within thirty (30) days thereafter, at Tenant’s Design Submission”) and notify Tenant of approval 's expense, by filing the bond required by law. Failure to so discharge or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of bond any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements mechanic's lien shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvala material default under this lease. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Falconstor Software Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for construction of all improvements and major repairs or replacements undertaken by the AlterationsLessee shall be submitted to and receive the written approval of the Lessor's Airport Manager, as follows: which may not be unreasonably withheld or delayed, and if necessary the Federal Aviation Administration (i) Tenant FAA), and no such work shall commence until such written approvals are obtained. Lessee shall first submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are or cause to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if submitted to Lessor for written approval the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls architectural or above the ceiling of the Premises, engineering plans and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion specifications of the proposed Alterations. 2. Landlord shall work, in such detail as to allow a proper review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of for approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionFAA approval of the work is not needed, Landlord Airport Manager shall specify advise Lessee within fourteen (14) calendar days after receipt of the reasons written request, along with plans and specifications, of City's approval or disapproval. If FAA approval of the work is needed, Lessee will submit to FAA any forms or documentation required for FAA review and approval and provide a copy of the FAA submitted forms or documentation to the Airport Manager. The Airport Manager shall advise Lessee within fourteen (14) calendar days after receipt of FAA's approval or disapproval. Upon approval from Lessor and, if necessary, the FAA, Lessee must then obtain all necessary building permits from the City. When constructing any building or improvement upon the Leased Premises, the plans and specifications shall be prepared by Texas state-licensed architects and engineers. Lessee will accomplish the work as approved in accordance with the plans and specifications, or as the same may thereafter be modified with the consent of Lessor's Airport Manager. Within sixty (60) calendar days of the issuance of the Certificate of Occupancy for any work in accordance with this section, Lessee shall provide the Lessor's Airport Manager with a complete full-size set of as-built plans. A. Lessee shall include in all Lessee construction contracts the following provisions: (1) Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Arlington and all of its disapproval officials, officers, agents and Tenant shall revise Tenant’s Design Submission employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to meet Landlord’s objectionsor death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omis- sion or negligent act of contractor, his officers, agents, employees, subcontractors, invitees or any other persons, arising out of or in connection with the performance of this contract, and shall resubmit contractor will at his or her own cost and expense defend and protect the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord City of Tenant’s Design Submission shall constitute a waiver of Arlington from any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceand all such claims and demands. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of TenantArlington and all of its officials, officers, agents and employees, from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorneys fees for injury or death of any person or for loss of, damages to, or loss of use of any property, arising out of or in connection with the performance of this contract. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Arlington, its officers, officials, agents or employees. It is the express intention of the parties thereto that the indemnity provided for in this paragraph is indemnity by contractor to indemnify and protect the City of Arlington from the consequences of the City of Arlington's own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. (3) In any and all claims against any party indemnified hereunder by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or for the contractor or any subcontractor under workers' compensation or other employee benefit acts. B. Lessee shall require the contractor, in the Lessee construction contracts, to furnish insurance in such amounts as specified in this Lease; however, in the event that the lessee constructs additional improvements in the future, commercially reasonable insurance requirements will be set by the Lessor’s Design Submission Risk Manager. C. Lessee agrees that all work to be performed by it or its contractor, including all workmanship and materials, shall be of good quality and shall be performed in final form as full compliance with the architectural and engineering plans approved by Landlordthe City of Arlington. Lessee shall assume the risk of loss or damage to all such work prior to the completion thereof. Lessee shall repair or replace any such loss or damage without cost to Lessor except for any loss of damage caused by Lessor. D. Lessee shall deliver within ten (10) business days drawings and specifications detailing any changes or modifications made in or to the improvements initially approved by Lessor. E. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. F. Lessee expressly agrees in the making of any repairs on the improvements that, except with the written consent of the Lessor, it will neither give nor grant, nor purport to give or grant any mechanic’s lien upon the Leased Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party would be entitled, as a matter of law, to a mechanic lien against said Leased Premises and improvements thereon, and Lessee will take good faith efforts to discharge any such lien within ninety

Appears in 1 contract

Samples: Lease Agreement

Plans. 1. Before commencing construction As soon as practicable after the execution of the Lease, but in any Alterationsevent not more than ten (10) business days from the date of full execution of the Lease, Tenant shall submit for Landlord’s written approval either a description of provide the Alterations or drawings Architect with sufficient instructions and information to enable the Architect to prepare and complete the space plan and the architectural construction plan including specifications and finish schedules for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building Leasehold Improvements (collectively, the “Building SystemsPlans”). Notwithstanding The Plans shall be prepared by the Architect and submitted to Landlord for approval. To the extent that Tenant’s proposed Alterations satisfy all any improvements at the Project are required by any governmental authority in connection with the Work (as opposed to the fact that the floor is occupied by more than one tenant), Landlord will notify Tenant in writing advising Tenant of the preceding criteria, upon review work required by such governmental authority (such notice shall be in advance of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or performing any portion of the proposed Alterations. 2such work). Landlord shall review the description or Plans submitted by Tenant (“make such improvements at Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval expense and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit will pay Landlord for the same to Landlord as so revised until Tenant’s Design Submission is cost thereof within thirty (30) days after receipt of an invoice therefor. Once approved by Landlord, the Plans and the Tenant Expenditure Authorization, shall be submitted to Tenant for approval. No approval by Landlord of Within five (5) business days after Tenant’s Design Submission shall constitute a waiver of any receipt of the requirements of this Exhibit or Plans and the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any AlterationsExpenditure Authorization, Tenant shall provide notify Landlord with two (2) complete copies of in writing as to whether Tenant approves or disapproves the Plans and the Tenant Expenditure Authorization. If Tenant fails to timely deliver to Landlord Tenant’s Design Submission written disapproval of the Plans and/or the Tenant Expenditure Authorization within the aforementioned period, Tenant shall be deemed to have approved the Plans and the Tenant Expenditure Authorization and Landlord shall be authorized (but not required) to proceed thereon. Each change in final form as approved by the Plans must receive Landlord’s prior written approval. Landlord’s approval of the Plans and any changes thereto shall impose no responsibility or liability on Landlord for their completeness, design sufficiency, or compliance with all applicable laws, rules and regulations of governmental agencies or authorities.

Appears in 1 contract

Samples: Lease Agreement (Emergent BioSolutions Inc.)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit furnish to Landlord for Landlord’s written approval either a description of the Alterations (which shall not be unreasonably withheld, conditioned or drawings delayed) working plans and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: improvements which Tenant desires to be constructed in the Premises (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.the “Working Drawings”), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that prepared by Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant licensed architect (“Tenant’s Design SubmissionArchitect). The Working Drawings shall show improvements that conform to the space plan to be prepared by Tenant’s Architect and approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed (the “Final Space Plan”). Landlord shall respond to the Working Drawings within five (5) and notify Tenant Business Days of approval or disapprovalits receipt thereof. If Landlord disapproves fails to respond within such five (5) Business Day period, Tenant shall send a second notice to Landlord, which notice shall clearly state that it is Tenant’s Design Submissionsecond notice to Landlord. If Landlord fails to respond to such second notice within two (2) Business Days of its receipt thereof, Landlord shall specify the reasons for its disapproval and be deemed to have approved such Working Drawings. Within a reasonable period of time after receipt of Landlord’s response (not to exceed thirty (30) days), Tenant shall revise Tenant’s Design Submission respond to meet Landlord’s objections, any objections of Landlord to the Working Drawings and shall resubmit the same to Landlord as so appropriately revised until Working Drawings prepared by Tenant’s Design Submission is Architect, and such resubmitted Working Drawings shall clearly indicate which portions of the Working Drawings are revised and which portions of the Working Drawings remain unchanged from the previously submitted Working Drawings. This process shall be repeated until the Working Drawings have been completed by Tenant and approved in writing by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any (The Working Drawings for all of the requirements of this Exhibit or improvements to be constructed in the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval Premises, as approved in writing by Landlord, including changes required as revised by Tenant from time to obtain governmental permits, without obtaining time with Landlord’s written approval in each instance. 3accordance with the following provisions of this Section 1.1, are hereinafter called the “Final Plans”). All mechanical, electrical, structural Tenant shall cause Tenant’s Contractor and floor loading requirements shall be subject all subcontractors to approval of (A) obtain Landlord’s engineersprior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors to be utilized in the performance of any construction work affecting the Building’s life safety, mechanical or electrical systems, (B) obtain all necessary governmental permits and approvals (including, without limitation, a certificate of occupancy following completion of the Improvements as and when required by applicable Laws) in connection with all construction work (including demolition, if applicable) shown on the Final Working Drawings (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (C) furnish to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant’s Contractor’s and subcontractors’ operations in the Premises and the Building (including any liability arising out of work involving Hazardous Substances) and builders’ risk insurance providing coverage in an amount equal to the full value of the Improvements upon completion thereof, and with respect to all such insurance naming Landlord and Tenant as additional insureds, and upon Landlord’s request also naming any or all of the Mortgagees as additional insureds, (D) perform the construction work in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the existing minimum standard for the Building, and (E) perform the construction work in accordance with applicable Laws and in such manner as to minimize disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would unreasonably disturb other tenants or occupants of the Building, perform such work during other than normal business hours. Landlord also reserves shall have no responsibility for furnishing any security services in or about the right Building or Premises to require Tenant to submit copies of shop drawings for Landlordsafeguard Tenant’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission the Improvements or materials in final form as approved by Landlordconnection therewith.

Appears in 1 contract

Samples: Lease Agreement (Taleo Corp)

Plans. 1. Before commencing construction of any Alterations, Tenant shall prepare and submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), Landlord two (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above sets of final plans and specifications showing the ceiling architectural design of the Premises, including the basic mechanical system and (4) they will not affect electrical system within the structure or the mechanicalPremises, plumbing, HVACpartitions and doors, electrical or life safety systems complete fixturing information, and material selections and finishes. Within five (5) working days after receipt of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionsuch final plans and specifications, Landlord shall have approve or suggest modifications to such final plans and specifications. Tenant may object to any of the suggested modifications by notice to Landlord within five (5) working days after receipt of such suggested modifications, and unless Tenant so objects such suggested modifications shall be deemed approved by Tenant. Tenant shall also submit all proposed change orders in writing (with sufficient detail to enable Landlord to understand the nature of the proposed change) to Landlord for Landlord's prior written approval, which shall not be unreasonably refused or delayed. Any proposed change order shall be deemed approved by Landlord unless Landlord disapproves same within five (5) business days after the proposed change order is submitted to Landlord, provided that Tenant's notice requesting approval of such change order clearly notifies Landlord that the proposed change order shall be deemed approved if not disapproved within five (5) business days. Tenant shall bear the cost of all change orders (including labor and material costs required thereby) at its sole cost. While Landlord has the right to require Tenant approve the plans and specifications, Landlord's sole interest in doing so is to submit Plans for all or any portion of protect the proposed Alterations. 2Building and Landlord's interests. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionAccordingly, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make rely on Landlord's approvals and Landlord shall not be the guarantor of, nor in any changes to Tenant’s Design Submission after approval by Landlordway responsible for, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction accuracy or correctness of any Alterationssuch plans and specifications, Tenant and Landlord shall provide Landlord with two (2) complete copies incur no liability of Tenant’s Design Submission in final form as approved any kind by Landlordreason of granting any such approvals.

Appears in 1 contract

Samples: Sublease Agreement (Informatica Corp)

Plans. 1. Before commencing construction of any Alterations(a) On or before OCTOBER 27, 1995, Tenant shall submit for Landlord’s written approval either have submitted to Landlord a description of the Alterations or drawings space plan showing details and specifications sufficient to permit Landlord and Landlord's subcontractors to price the Suite Improvements for the Alterations, PHASE I PREMISES (as follows: (ishown on Exhibit A attached hereto) . Such plans shall hereinafter be referred to as "Pricing Plans." Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, have three (3) they do not require work business days from receipt of Landlord pricing of such plans in which to approve said pricing. Tenant's failure to approve said pricing shall be performed inside walls or above the ceiling deemed a "Tenant Delay." (b) Upon Tenant's approval of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionLandlord's pricing, Landlord shall have its subcontractors produce engineering drawings, and said Pricing Plans and engineering drawings shall become the right Construction Documents, hereinafter referred to require as the "PHASE I Construction Documents" and shall be used by Landlord to complete the construction of Tenant's Suite Improvements. In all events, said PHASE I Construction Documents must be approved by Tenant and submitted to submit Plans for all or any portion of Landlord no later than NOVEMBER 8, 1995. In the proposed Alterationsevent Landlord has not received Tenant's approved PHASE I Please Initial Tenant ( ) Landlord ( ) Construction Documents by NOVEMBER 8, 1995, such delay will be considered a Tenant Delay. 2(c) On or before NOVEMBER 15, 1995, Tenant will submit its Pricing Plans to Landlord for the PHASE II PREMISES (as shown on Exhibit A attached hereto). Tenant shall have three (3) business days from receipt of Landlord pricing of such plans in which to approve said pricing. Tenant's failure to approve said pricing shall review the description or Plans submitted by be deemed a "Tenant Delay." (d) Upon Tenant’s Design Submission”) and notify Tenant 's approval of approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionLandlord's pricing, Landlord shall specify the reasons for have its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objectionssubcontractors produce engineering drawings, and said Pricing Plans and engineering drawings shall resubmit become the same Construction Documents, hereinafter referred to as the "PHASE II Construction Documents" and shall be used by Landlord to complete the construction of Tenant's Suite Improvements. In all events, said PHASE II Construction Documents must be approved by Tenant no later than JANUARY 5, 1996. In the event Landlord has not received Tenant's approved PHASE II Construction Documents by JANUARY 5, 1996, such delay will be considered a Tenant Delay. (e) On or before FEBRUARY 1, 1996, Tenant will submit its Pricing Plans to Landlord for the PHASE III PREMISES (as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this shown on Exhibit or the LeaseA attached hereto). Tenant shall not make any changes have three (3) business days from receipt of Landlord pricing of such plans in which to approve said pricing. Tenant’s Design Submission after approval by Landlord, including changes required 's failure to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements approve said pricing shall be subject to deemed a "Tenant Delay." (f) Upon Tenant's approval of Landlord’s engineers. 's pricing, Landlord also reserves shall have its subcontractors produce engineering drawings, and said Pricing Plans and engineering drawings shall become the right Construction Documents, hereinafter referred to require Tenant as the "PHASE III Construction Documents" and shall be used by Landlord to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing complete the construction of any AlterationsTenant's Suite Improvements. In all events, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as said PHASE III Construction Documents must be approved by LandlordTenant no later than FEBRUARY 15, 1996. In the event Landlord has not received Tenant's approved PHASE III Construction Documents by FEBRUARY 15, 1996, such delay will be considered a Tenant Delay.

Appears in 1 contract

Samples: Sublease (Nextcard Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for construction of all improvements and major repairs or replacements undertaken by the AlterationsLessee shall be submitted to and receive the written approval of the Lessor's Airport Manager and if necessary Federal Aviation Administration (FAA), as follows: (i) Tenant and no such work shall commence until such written approvals are obtained, which the Airport Manager's approval shall not be unreasonable withheld or delayed. Lessee shall first submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are or cause to be completesubmitted to Lessor for written approval, with full details and finish schedulesthe proposed architectural or engineering plans, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion specifications of the proposed Alterations. 2. Landlord work in such detail so as to allow a proper review for approval or disapproval, If FAA approval of the work is not needed, Airport Manager shall review advise Lessee within fourteen (14) calendar days after receipt of the description or Plans submitted by Tenant (“Tenant’s Design Submission”) written request along with plans and notify Tenant specifications of City's approval or disapproval. If Landlord disapproves Tenant’s Design SubmissionFAA approval of the work is needed, Landlord Lessee will submit to FAA any forms or documentation required for FAA review and approval and provide a copy of the FAA submitted forms or documentation to the Airport Manager. The Airport Manager shall specify advise Lessee within fourteen (14) calendar days after receipt of FAA's approval or disapproval. Upon approval from Lessor and if necessary FAA, Lessee must then obtain all necessary building permits from the reasons City. When constructing any building or improvement upon the Leased Premises, the plans and specifications shall be prepared by Texas state-licensed architects and engineers. Lessee will accomplish the work as approved in accordance with the plans and specifications, or as the same may thereafter be modified with the consent of Lessor's Airport Manager. Within sixty (60) calendar days of the issuance of the certificate of occupancy for any work in accordance with this section, Lessee shall provide the Lessor's Airport Manager with a complete full size set of as-built plans. (a) Lessee shall include in all Lessee construction contracts the following provisions: (1) Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Arlington and all of its disapproval officials, officers, agents and Tenant shall revise Tenant’s Design Submission employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to meet Landlord’s objectionsor death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission or negligent act of contractor, his officers, agents, employees, subcontractors, invitees or any other persons, arising out of or in connection with the performance of this contract, and shall resubmit contractor will at his or her own cost and expense defend and protect the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord City of Tenant’s Design Submission shall constitute a waiver of Arlington from any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceand all such claims and demands. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies Contractor does hereby contract to waive all claims, release, indemnify, defend and hold harmless the City of Tenant’s Design Submission Arlington and all of its officials, officers, agents and employees, from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorneys fees for injury or death of any person or for loss of, damages to, or loss of use of any property, arising out of or in final form connection with the performance of this contract. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Arlington, its officers, officials, agents or employees. It is the express intention of the parties thereto that the indemnity provided for in this paragraph is indemnity by contractor to indemnify and protect the City of Arlington from the consequences of the City of Arlington's own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. (3) In any and all claims against any party indemnified hereunder by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or for the contractor or any subcontractor under workers' compensation or other employee benefit acts. (b) Lessee shall require the contractor, in all Lessee construction contracts, to furnish insurance in such amounts as specified in this Lease. (c) Lessee agrees that all work to be performed by it or its contractor, including all workmanship and materials, shall be of good quality and shall be performed in full compliance with the architectural and engineering plans approved by Landlordthe City of Arlington Building Officials. Lessee shall assume the risk of loss or damage to all such work prior to the completion thereof. Lessee shall repair or replace any such loss or damage without cost to Lessor. (d) Lessee shall deliver within five (5) calendar days of a request from Lessor's Airport Manager, drawings and specifications detailing any changes or modifications made in or to the improvements initially approved by Lessor. (e) Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. (f) Lessee expressly agrees in the making of any repairs on the improvements that, except with the written consent of the Lessor, it will neither give nor grant, nor purport to give or grant any mechanic’s lien upon the Leased Premises or upon any improvements thereupon in the process of construction or repair, not allow any condition to exist or situation to develop whereby any party would be entitled, as a matter of law, to a mechanic’s lien against said Leased Premises and improvements thereon, and Lessee will discharge any such lien within ninety (90) days after notice of filing thereof. Nothing herein shall prohibit any lien by a lender or mortgagee. (h) Nothing in this Lease shall be construed as an agreement by the Lessor to waive any lien the Lessor may have, constitutional, statutory or contractual, upon any leasehold improvements on the property. (i) The complete cost of developing all necessary plans and specifications as provided herein and the construction of improvements and facilities which sup- port the Lease whether off site or upon the Leased Premises by Lessee shall be borne solely by Lessee and be at no expense to Lessor whatsoever. Lessee shall be responsible for the repair or replacement of any offsite areas disturbed by the development of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement

Plans. 1For the convenience of Tenant and on behalf of the Tenant, Landlord, as Tenaxx'x xgent, has contracted with __________ to prepare Tenant's Plans for Tenant pursuant to the provisions hereof. Before commencing construction Tenant's Plans shall include, but not be limited to demolition plans, the location of any Alterationsall interior partitions, doors, electrical switches and outlets and telephone outlets; reflected ceiling plan showing the location of all lights, fans, diffusers, and vents, electrical outlets, plumbing and mechanical plans, floor and wall coverings; signs and such other items as may be necessary or desirable in order to determine if, in Landlord's sole opinion, the work shown on Tenant's Plans is aesthetically compatible with the surrounding improvements, and in order to allow the Landlord to obtain accurate bids on, and to accurately determine the cost to complete the installation of all such work shown on the Tenant's Plans (hereinafter collectively referred to as "Tenant's Work"). Tenant's Plans shall be minimum 1/8-inch scale architectural and engineering drawings although details may be shown with a different scale. Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and four (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review copies of Tenant’s submission, 's Plans to Landlord within thirty (30) days after the execution and delivery of this Lease by both Landlord and Tenaxx. Xxnant's Plans shall have conform to and be consistent with the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2Preliminary Plan. Landlord shall review within five (5) business days either approve (or approve with conditions) Tenant's Plans or disapprove Tenant's Plans and give Tenant the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or reasons for such disapproval. If Landlord disapproves shall disapprove Tenant’s Design Submission's Plans, Tenant shall make the changes to Tenant's Plans as required by Landlord shall specify the reasons for its disapproval in order to obtain Landlord's approval of Tenant's Plans and Tenant shall revise resubmit Tenant’s Design Submission 's Plans to meet Landlord for Landlord’s objections, and 's written approval. If Landlord has "approved with conditions" Tenant shall either accept in writing such conditions or resubmit the Tenant's Plans with changes to correct the issues that are the basis for such conditions and in such event, such resubmission shall be treated in the same to Landlord way as so revised until if the Tenant’s Design Submission is approved 's Plans had been initially disapproved by Landlord. No approval This procedure shall continue until Tenant's Plans shall be finally approved, in writing, by Landlord and Tenant. Landlord agrees to give Tenant its approval or disapproval of Tenaxx'x Xlans within five (5) business days of the date Tenant shall submit or resubmit any plans to Landlord. If Tenant shall fail to obtain Landxxxx'x xpproval of Tenant’s Design Submission shall constitute a waiver of any of 's Plans within forty (40) days after the requirements date of this Exhibit Lease, for reasons other than a Landlord delay approving or the Lease. Tenant shall not make any changes giving comments to Tenant’s Design Submission 's Plans, then such delay after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements forty (40) days shall be subject to approval a Tenant Delay for purposes of Landlord’s engineersSection 4 (b) hereof. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.Four

Appears in 1 contract

Samples: Office Lease Agreement (Pivotal Corp)

Plans. 1. Before commencing construction of any Alterations, Landlord shall cause to be prepared by an architect selected by Tenant shall submit for and reasonably approved by Landlord (“Landlord’s written approval either a description of the Alterations or Architect”) complete, finished, detailed architectural drawings and specifications for the AlterationsTenant Improvements (the "Plans") which shall be consistent with the space plan attached hereto as Exhibit B-1 (the “Space Plan”). Landlord hereby approves View Design Studio as the Landlord’s Architect, as follows: (i) Tenant shall submit drawings and written specifications (collectivelyif selected by Tenant. Notwithstanding the foregoing, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawingsfire life & safety drawings shall be completed by Xxxxx Xxxx. Drawings are Tenant agrees to be completereasonably available and to devote such time in consultation with Landlord and Landlord’s Architect, with full details and finish schedulesas may be reasonably requested, and shall to furnish within five (5) business days after any such request is made, such information as may be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant necessary so that Landlord’s Architect may submit a promptly commence and complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all preparation of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)Plans. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit The Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to the prior written approval of by Tenant and Landlord, which shall not unreasonably withhold; provided that any Landlord’s engineersdisapproval of the Plans shall be limited to (i) the Plans not being in accordance with all applicable laws (including, without limitation, building codes) or not being in a form or substance to enable Landlord to obtain all required building permits and approvals, if any, or (ii) the Tenant Improvements affecting the New Building’s systems, affecting the New Building exterior, and/or affecting the New Building structural components (each, a “Design Problem”), or (iii) the Plans being materially inconsistent with the Space Plan. If the Tenant makes any changes to the Plans that are materially inconsistent with the Space Plan, unless such changes were required by governmental authorities, any delays resulting therefrom shall be Tenant Delays. Upon completion of the Plans, Landlord also reserves shall submit the right Plans to require Tenant to submit copies of shop drawings for Landlord’s its review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two have ten (210) complete copies business days from receipt of the Plans to review and approve the Plans or state any objections in writing, failing which such Plans shall be deemed approved. Tenant’s Design Submission approval shall not be unreasonably withheld, and any objections shall be reasonable in final form nature and stated in sufficient detail so as to allow the necessary modifications by Landlord. Once approved by Landlord and Tenant (or deemed approved by Tenant as provided above), the Plans, as so approved (the “Final Plans”), may only be modified with Landlord’s and Tenant’s written approval as provided above, and Tenant shall be liable for any additional costs incurred in connection with such changes that are requested by Tenant (which may be paid from the New Allowance to the extent funds then remain to cover such costs). Any changes requested by governmental authorities shall be at Landlord’s sole cost and expense and not deducted from the New Allowance if involving the restrooms, hallways, elevator lobby or areas not on the New Space floor. Approval by Landlord of the Final Plans shall not be a representation or warranty of Landlord that such drawings are adequate for any use, purpose, or condition, but shall merely be the consent of Landlord to the performance of the Tenant Improvements.

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Plans. 1. Before commencing construction of any Alterations, The Tenant Improvements shall submit for Landlord’s written approval either be constructed substantially as shown on a description of the Alterations or drawings and specifications conceptual space plan (“Space Plan“) for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are Premises to be complete, with full details and finish schedules, and shall be stamped prepared by an AIA architect licensed in the state or district in which the Property (“Architect“) who is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above retained by Tenant as the ceiling of space planner for the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes deliver the Space Plan to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction Landlord shall approve or disapprove the Space Plan by written notice to Tenant and the Architect within fifteen (15) days after receipt, specifying any changes or modifications Landlord desires in the Space Plan. Landlord shall not unreasonably require changes or modifications or withhold its approval of any Alterationsthe Space Plan; provided, however, Landlord may, in its reasonable discretion, require changes or modifications or withhold its approval of the Space Plan if (1) the Tenant shall provide Landlord with two Improvements will affect the Building’s structure or the Building Systems, (2) complete copies any element of Tenantthe Tenant Improvements fails to comply with any applicable Law, or (3) the cost of removing the Tenant Improvements at the end of the Term would be excessive in Landlord’s Design Submission reasonable estimation (Landlord acknowledges and agrees that normal office improvements do not require excessive removal and restoration costs). The Architect will then revise the Space Plan and Tenant shall resubmit it to Landlord for Landlord’s approval. Landlord shall approve or disapprove the revised Space Plan within five (5) days after receipt. Such procedure shall be repeated as necessary until Landlord has approved the Space Plan. In the event Landlord fails to promptly respond to any submission of the Space Plan, then Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond within five (5) business days shall result in final form as the deemed approval of the attached” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to the Space Plan by the date which is the later of the original response period set forth above or the five (5) business days following the second notice, then such Space Plan shall be deemed approved by Landlord. The Space Plan which Landlord approves is herein called the “Approved Space Plan“. Except as otherwise expressly provided in the Lease, Landlord may condition its approval of the Space Plan on Tenant’s removal upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (FireEye, Inc.)

Plans. 1. Before commencing construction As soon after the execution of any Alterationsthis Third Amendment as is practicable, Tenant shall submit for Landlord, at Landlord’s written approval either sole cost and expense, will retain a description of the Alterations or licensed architect (“Architect”) to prepare plans and drawings and specifications for the Alterations, as follows: proposed tenant improvements (i) the “Tenant shall submit drawings and written specifications (collectively, “PlansImprovements”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Expansion Premises, and will retain licensed engineering consultants (4“Engineers”) they will to prepare all plans and engineering working drawings related to the Tenant Improvements. Through a bid process, both the Architect and the Engineer shall be selected and approved by Landlord and Tenant. The Tenant Improvements shall include, but not affect be limited to, those items depicted on the structure or site plan attached hereto and incorporated herein by this reference as Exhibit B-1. The plans and drawings to be prepared by Architect and the mechanical, plumbing, HVAC, electrical or life safety systems Engineers shall be known collectively as the “Construction Drawings.” Landlord shall deliver two sets of fully dimensional Construction Drawings to Tenant for Tenant’s review. Within ten (10) calendar days after receipt of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any AlterationsConstruction Drawings, Tenant shall provide Landlord with two comments to the Construction Drawings (2) complete copies “Tenant’s Comments”), with any delay constituting a Tenant Delay. After receipt of Tenant’s Design Submission Comments and mutual approval of Tenant’s Comments by Landlord and Tenant, Landlord shall cause final space plans and final working drawings (in final a form as which is complete to allow subcontractors to bid on the work and to obtain all applicable permits) (collectively, the “Final Plans”) to be prepared, and shall deliver the Final Plans to Tenant for Tenant’s review and approval. Tenant shall review and approve of the Final Plans within five (5) calendar days, with any delay constituting a Tenant Delay. If Tenant disapproves the Final Plan based upon changes not previously disclosed by the Construction Drawings, Tenant’s Comments or the party’s agreement, Landlord shall revise and resubmit the Final Plans to Tenant for Tenant’s review and approval. Tenant shall not object to any item on the Final Plans that were approved or deemed approved by LandlordTenant and/or consistent with Tenant’s Comments. The Final Plans shall be initialed by Landlord and Tenant and incorporated herein and made a part hereof. The Final Plans cannot be modified, nor any change orders be made, without the prior written consent of Landlord and Tenant. If additional costs are incurred due to any change orders requested by Tenant, Tenant shall pay the costs associated with any such change orders.

Appears in 1 contract

Samples: Office Lease Agreement (Cempra, Inc.)

Plans. 1. Before commencing construction of any AlterationsAfter the Preliminary Plan is finally approved by Landlord, Tenant shall submit for Landlordto Landlord construction drawings prepared by Tenant’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: architect (i) Tenant shall submit drawings and written specifications (collectively, Final Plans”) for which shall contain all of Tenant’s Alterations, including plans to be bid and built from and shall include all fully engineered mechanical, electrical electrical, HVAC, plumbing, and cablingfire life/safety drawings, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedulesall based upon the Preliminary Plans, and shall be stamped compatible with the design, construction and equipment of the Building, comply with all Laws, be capable of logical measurement and construction, contain all such information as may be required for the construction of the Tenant Improvements. Landlord shall approve the Final Plans, or such portion as has from time to time been submitted, within fifteen (15) business days after receipt of same or designate by an AIA architect licensed notice given within such time period to Tenant the specific changes reasonably required to be made to the Working Drawings in order to correct any design problem and shall return the state Working Drawings to Tenant. Tenant shall make the minimum changes necessary in order to correct any such Design Problem and shall return the Working Drawings to Landlord, which Landlord shall approve or district in which disapprove within fifteen (15) business days after Landlord receives the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet revised Working Drawings. This procedure shall be repeated until all of the following criteria: (1) they Working Drawings are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do finally approved by Landlord and written approval has been delivered to and received by Tenant. Landlord agrees not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)withhold its approval unreasonably. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord Tenant shall have the right no obligation to require Tenant to submit Plans for all or remove any portion of the proposed Alterations. 2. Tenant Improvements at the end of the Term unless Landlord shall review the description or Plans submitted by Tenant (“notifies Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet in a writing concurrently incorporated into Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by LandlordFinal Plans, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instancethat such removal will be required. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Plans. 1. Before commencing construction of any Alterations, The Tenant Improvements shall submit for Landlord’s written approval either be constructed substantially as shown on a description of the Alterations or drawings and specifications for the Alterations, as follows: conceptual space plan (i) Tenant shall submit drawings and written specifications (collectively, PlansSpace Plan”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are the Premises to be complete, with full details and finish schedules, and shall be stamped prepared by an AIA architect licensed in the state or district in which the Property a space planner (“Space Planner”) who is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above retained by Tenant as the ceiling of space planner for the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to approve the Space Planner, which approval shall not be unreasonably withheld. The Space Plan shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld. The Space Plan which Landlord approves is herein called the “Approved Space Plan”. The Space Planner will prepare and deliver to Landlord and Tenant detailed plans and specifications consistent with the Approved Space Plan and sufficient to permit the construction of the Tenant Improvements by the Contractor (“Construction Documents”). Landlord shall approve or disapprove the Construction Documents by written notice to Tenant and the Space Planner within five (5) Business Days after receipt, specifying any changes or modifications Landlord desires in the Construction Documents. Landlord shall not unreasonably require changes or modifications or withhold its approval of the Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Construction Documents if (1) the Tenant Improvements will affect the Building’s structure or the Building Systems, (2) any element of the Tenant Improvements fails to submit Plans comply with any applicable Law, or (3) the cost of removing the Tenant Improvements at the end of the Term would be excessive in Landlord’s reasonable estimation. The Space Planner will then revise the Construction Documents and resubmit them to Tenant and to Landlord for Landlord’s approval. Landlord shall approve or disapprove the same within five (5) Business Days after receipt. The revised Construction Documents, as approved by Landlord, is hereinafter referred to as the “Final Construction Documents”. Tenant shall be responsible for the costs of all Construction Documents, which may be paid for out of the “Improvement Allowance” (as defined below). In the event that Landlord fails to approve or disapprove any Construction Documents that are materially consistent with the Approved Space Plan within ten (10) Business Days following Tenant’s submission thereof the Landlord, such failure shall be deemed Landlord’s approval of the Construction Documents as the Final Construction Documents. Without incurring additional costs, Landlord shall use good faith, commercially reasonable efforts to perform any such review of the Final Construction Documents in an efficient and expeditious manner. Landlord shall at the time it consents to the final Construction Documents, inform Tenant of any portion of the proposed Alterations. 2. Landlord Tenant Improvements that shall review be required to be removed at the description expiration or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant earlier termination of approval or disapprovalthe Lease. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and fails to so inform Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of which if any portion of the requirements Tenant Improvements shall be required to be removed at the expiration or earlier termination of this Exhibit or the Lease. , Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes be required to obtain governmental permitsremove the Tenant Improvements at the expiration or earlier termination of the Lease; provided, without obtaining Landlord’s written however, that notwithstanding the forgoing, in any event, regardless of whether Landlord informs Tenant at the time of approval in each instance. 3. All mechanicalof the Final Construction Documents, electrical, structural all cabling and floor loading requirements wiring installed as a part of the Tenant Improvements shall be subject to approval removed by Tenant at the expiration or earlier termination in accordance with the terms of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalLease. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ditech Networks Inc)

Plans. 1. Before commencing construction of any AlterationsTenant, Tenant at Landlord’s sole cost and expense, shall prepare or cause to be prepared, and shall submit to Landlord for review and approval, the proposed plans and specifications for Landlord’s written approval either a description of Relocation Premises Work (the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) on the basis of, and consistent with, the preliminary space plan attached hereto as Schedule B-1 (the “Preliminary Space Plan”) and the finishes in the Original Premises (including the exposed ceiling concept). Landlord and Tenant shall provide such mutual assistance as is reasonably necessary to diligently complete the preparation of the Plans. Within five (5) Business Days after receipt of the Plans, Landlord shall, by written notice to Tenant, approve or disapprove the Plans. Landlord will not unreasonably disapprove the proposed Plans so long as the work shown on such Plans do not impact the Building’s structure or systems. Within five (5) Business Days after receiving any such notice of disapproval from Landlord with respect to the Plans, Tenant will revise the Plans as requested by Landlord and will resubmit the revised Plans to Landlord for all review and approval in accordance with the procedures set forth in this subsection (i). Upon approval of Tenant’s Alterationsthe Plans, including mechanicala list identifying the approved Plans may be attached as Schedule B-1 hereto and substituted for the Preliminary Space Plan. In the course of the approval process for the Plans, electrical and cablingLandlord will notify Tenant if elements of, plumbing and architectural drawings. Drawings are or changes in, the Plans requested by Tenant will cause Tenant to be complete, with full details responsible for any Buildout Costs pursuant to subsection (iii) below or will cause any extension of the Substantial Completion Date. All fits and finish schedules, and finishes used in the Landlord’s Relocation Premises Work shall be stamped by an AIA architect licensed consistent with those used in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Original Premises, and (4) they will not affect the structure or the mechanicalprovided, plumbinghowever, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord Tenant shall have the right to require Tenant review and approve all fits and finishes prior to submit Plans for all or any portion of the proposed Alterations. 2their installation. Landlord shall review the description prepare, or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission cause to meet Landlord’s objectionsbe prepared, and shall submit to Tenant for review and approval, the proposed fits and finishes that Landlord intends to use for Landlord’s Relocation Premises Work. Within five (5) Business Days after receipt of the notice of fits and finishes, Tenant shall, by written notice to Landlord, approve or disapprove the fits and finishes. Within five (5) Business Days after receiving any such notice of disapproval from Tenant with respect to the fits and finishes, Landlord will revise the fits and finishes as requested by Tenant, provided that such revised fits and finishes requested by Tenant are consistent with those used in the Original Premises, and will resubmit the same revised fits and finishes to Tenant for review and approval in accordance with the procedures set forth in this subsection (i). Once the fits and finishes are approved, Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes or modifications to the approved fits and finishes without obtaining Tenant’s Design Submission after approval by Landlord, including prior written consent for any such changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceor modifications. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Verastem, Inc.)

Plans. 1Concurrently with the execution of the Lease, Landlord shall deliver a floor plan of the Premises to Tenant showing the columns and other structural work. Before commencing construction Within thirty (30) days from delivery of any Alterationssuch floor plan, Tenant Tenant, at its expense, shall submit to Landlord for Landlord’s written its approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), two (2) they do not require sets of fully dimensioned scaled drawings, plans and specifications prepared by a building permitlicensed architect and if applicable, (3) they do not require work to be performed inside walls or above engineer. The drawings shall indicate the specific requirements of Tenant's space, clearly outlining the Premises in such detail as Landlord may require, including types of materials and colors, interior partitions, reflected ceiling plan, roof plan showing locations of the Premisesproposed equipment and penetrations, if applicable, and (4) they will not affect the structure or the mechanical, plumbing, HVACfire sprinkler, mechanical and electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy plans prepared by licensed engineers setting forth all of the preceding criteria, upon review requirements of Tenant’s submission, all in conformity with the description of Landlord's Work and of Tenant's Work herein and in strict compliance with applicable codes. Landlord shall have the right thirty (30) days from receipt of these drawings to require approve or disapprove them. If Landlord has not notified Tenant to submit Plans for all or any portion in writing of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of its approval or disapprovaldisapproval within the thirty (30) day period, these drawings shall be deemed disapproved by Landlord. If Landlord disapproves Tenant’s Design Submissionsuch plans, Landlord shall specify the reasons for its disapproval Tenant shall, within ten (10) days of receipt of Landlord's notice of disapproval, revise and Tenant shall revise Tenant’s Design Submission resubmit such plans to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instancecorrecting or altering such disapproved items. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Retail Lease (Arizona Furniture Co)

Plans. 1. Before commencing Based on the approved Space Plan, Landlord shall cause its architects and engineers to prepare and submit to Tenant for approval detailed plans, specifications and working drawings ("Plans") for the construction of Tenant's leasehold improvements to the Second Additional Premises ("Improvements"). Landlord reserves the right to approve any Alterationsspace planner, Tenant architect or engineer if employed by Tenant. As used herein, the term "Improvements" shall submit for Landlord’s written approval either a description of include all non-base building work to be done in the Alterations or drawings Second Additional Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and specifications for the Alterationswall coverings), as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanicalwindow coverings, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintinglighting, wallpaperingswitching, installation of floor coveringstelephones, outlets, computer and special electrical equipment, etc.), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. If Tenant has leased an entire floor, the Improvements shall include finished toilet rooms, corridors and elevator vestibules. Landlord shall submit the Plans to Tenant for approval within ten (210) they do not require a building permit, business days following Tenant's approval of the Space Plan. Within three (3) they do not require work to be performed inside walls or above the ceiling business days after receipt by Tenant of the PremisesPlans, Tenant (i) shall give its written approval with respect thereto, or (ii) shall notify Landlord in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Tenant to give its approval. Within five (45) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review business days following Landlord's receipt of Tenant’s submission's disapproval, Landlord shall have submit to Tenant for approval the right to require requested revisions or modifications. Within three (3) business days following receipt by Tenant to submit Plans for all of such revisions or any portion modifications, Tenant shall give its written approval with respect thereto or shall request other revisions or modifications therein. After approval of the proposed Alterations. 2. Plans by Tenant, no further changes to the Plans shall be made without the prior written approval of Landlord shall review the description or Plans submitted by and only after Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission agrees that any delays in design and/or construction resulting from such change shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceDelay. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Summit Bank Corp)

Plans. 1. Before commencing Based on the approved Space Plan, Lessee shall cause its architects and engineers to prepare and submit to Lessor for approval detailed plans, specifications and working drawings ("Plans") for the construction of Lessee's leasehold improvements to the Premises ("Improvements"). As used herein, the term "Improvements" shall include all work to be done in the Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and wallcovering), window coverings, electrical (including lighting, switching, telephones, outlets, computer and special electrical equipment), plumbing (including the installation of any Alterationsbathrooms within the Premises), Tenant shall submit for Landlord’s written approval either a description heating, ventilating and air conditioning, fire protection, hardware in compliance with current handicap requirements, cabinets and other millwork, and any exterior signage. Within ten (10) business days after receipt by Lessor of the Alterations or drawings and specifications for the AlterationsPlans, as follows: Lessor (i) Tenant shall submit drawings and give its written specifications (collectivelyapproval with respect thereto, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description shall notify Lessee in writing of Tenant’s Alterations (including sketches its disapproval and state with specificity the grounds for such disapproval and the revisions or diagrams as necessary) modifications necessary in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, order for Lessor to gives its APPROVAL BASED ON THE CRITERIA SET FORTH IN PARAGRAPH 3 BELOW. Within three (3) they do not require work business days following receipt by Lessor of such revisions or modifications, Lessor shall give its written approval with respect thereto or shall request other revisions or modifications therein (but relating only to the extent Lessee has failed to comply with Lessor's earlier reasonable requests). The preceding sentence shall be performed inside walls or above the ceiling implemented repeatedly until Lessor gives its approval to Lessee's Plans. After approval of the PremisesPlans by Lessor, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any no further changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, the Plans shall be made without obtaining Landlord’s the prior written approval in each instanceof Lessor. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval approval, either a description of the Alterations or drawings and specifications for the Alterations, Alterations as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the Building structure or the mechanical, plumbingelectrical, HVAC, electrical plumbing or life safety systems of the Building (collectively, the “Building Systems”)HVAC systems. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord. COMMERCIAL LEASE (MASTER SUBLEASE FORM) PAGE 30 OF 37 WAINSHAL MILL LEASING COMPANY LLC TO RRCC REALTY, LLC C. Selection of Contractors and Subcontractors Before commencing construction of any Alterations, Tenant shall submit to Landlord the names of Tenant’s general contractor (the “General Contractor”) and any subcontractors for Landlord’s approval. If Landlord shall reject the General Contractor or any subcontractor, Landlord shall advise Tenant of the reasons(s) in writing and Tenant shall submit another selection to Landlord for Landlord’s approval.

Appears in 1 contract

Samples: Commercial Lease

Plans. 19.1.1 Before the Commencement Date, Landlord shall make the improvements to the Premises in accordance with the floor plans (“Leasehold Improvements”) as depicted on Exhibit D, attached to and made a part of the Lease (the “Plans”). Before commencing construction Landlord shall use diligent efforts to complete the Leasehold Improvements described in the Plans. The Leasehold Improvements shall become a part of any Alterationsthe Premises after Tenant conducts an inspection of the Leasehold Improvements, and provides written approval of the Leasehold Improvements in accordance with Section 9.1.2. 9.1.2 Tenant shall provide a written response of its approval or disapproval for the Leasehold Improvements within seven (7) calendar days after receiving Landlord’s written notice of completing all Leasehold Improvements (“Notice of Completion”). If Tenant fails to provide a timely written response to the Notice of Completion, Tenant shall submit be deemed to have approved the Leasehold Improvements. 9.1.3 Except for Landlord’s written approval either a description those warranties that cannot be waived under applicable laws, Landlord makes no representations or warranties (express or implied) as to any aspect of the Alterations approved Leasehold Improvements. 9.1.4 Landlord shall not be required or drawings and specifications expected to provide any furniture or construct any improvements other than the Leasehold Improvements identified in the Plans. 9.1.5 Tenant shall reimburse Landlord for the Alterationscosts associated with the Plans (the “Reimbursement Amount”) in an amount equal to the lesser of (a) the actual cost of the Plans, as follows: or (b) ONE HUNDRED SEVENTY-EIGHT THOUSAND, TWO HUNDRED NINETY AND 00/100 DOLLARS ($178,290.00). Tenant shall pay the Reimbursement Amount to Landlord no later than ten (10) business days after (i) Tenant shall submit drawings and written specifications (collectivelythe City of Dania Beach issues a certificate of occupancy for the Premises with the Leasehold Improvements, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description the City of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if Dania Beach closes all permits for the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintingLeasehold Improvements, wallpapering, installation of floor coverings, etcwhichever event occurs later.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of Based on the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submissionapproved Space Plan, Landlord shall have cause its architects and engineers to prepare and submit to Tenant for approval detailed plans, specifications and working drawings ("Plans") for the right construction of Tenant's leasehold improvements to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2Premises ("Improvements"). Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require approve any space planner, architect or engineer if employed by Tenant. As used herein, the term "Improvements" shall include all non-base building work to be done in the Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and wall coverings), window coverings, electrical (excluding the cost of computer cabling, Tenant’s telephone system and wiring, and any other special electrical or wiring dedicated to the Tenant’s operations or business), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. If Tenant has leased an entire floor, the Improvements shall include finished toilet rooms, corridors and elevator vestibules. Landlord shall submit the Plans to Tenant for approval within fifteen (15) business days following Tenant's approval of the Space Plan. Within three (3) days after receipt by Tenant of the Plans, Tenant (i) shall give its written approval with respect thereto, or (ii) shall notify Landlord in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Tenant to give its approval. Within five (5) days following Landlord's receipt of Tenant's disapproval, Landlord shall submit copies to Tenant for approval the requested revisions or modifications. Within three (3) days following receipt by Tenant of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterationssuch revisions or modifications, Tenant shall provide Landlord give its written approval with two (2) complete copies respect thereto or shall request other revisions or modifications therein. After approval of the Plans by Tenant’s Design Submission in final form as approved by , no further changes to the Plans shall be made without the prior written approval of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Rexahn Pharmaceuticals, Inc.)

Plans. 1Preparing the Plans. Before Prior to commencing construction of any AlterationsTenant Improvement Work (as hereinafter defined) in the Premises, Tenant shall submit for deliver to Landlord’s written approval either a description of the Alterations or : (a) proposed space plans and preliminary drawings by no later than 7/19/2021; (b) proposed drawings, plans and specifications for the Alterationsall work to be performed, as follows: (i) said drawings, plans and specifications to be initialed by Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of to indicate Tenant’s Alterations, including mechanical, electrical approval and cabling, plumbing and architectural drawings. Drawings are otherwise to be complete, with full details in form and finish schedules, and shall substance sufficient to be stamped by submitted to the government having jurisdiction over the Building as part of an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require application for a building permit, including (3without limitation) they do not require being stamped as approved by an architect registered in the jurisdiction in which the Building is located; and (c) final drawings, plans and specifications for all work to be performed inside walls or above the ceiling performed, which must be initialed by Tenant to indicate Xxxxxx’s approval. Each of the Premisesforegoing shall in turn be subject to Landlord’s approval before the next submission is made, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall revise its drawings, plans and specifications and resubmit them to Landlord within (5) business days after Xxxxxx’s receipt of Landlord’s comments. This procedure shall be repeated until Xxxxxxxx’s approval is granted. The foregoing drawings, plans and specifications, once approved in accordance with the foregoing procedure, are hereinafter referred to as the “Plans.” Tenant shall use its own architect(s), engineer(s) and/or other design professionals to prepare the Plans on its behalf. Adequacy and Legal Sufficiency. Notwithstanding its review of the drawings, plans and specifications, Landlord makes no representation or warranty as to the completeness or accuracy of the Plans or their legal sufficiency, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have no liability for or in connection with any other deficiency in the right Plans. Xxxxxx agrees to require Tenant look solely to submit Plans for all or any portion of the proposed Alterationsits architect, engineer and other design consultants in that regard. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement

Plans. 1Tenant’s architect, Xxxxx Consulting Architects, or such other architect who is reasonably acceptable to Landlord, shall be responsible for the preparation of plans for such Tenant Improvements (the “Plans”). Before commencing construction of any Alterations, Tenant shall prepare and submit to Landlord for Landlord’s written approval either a description the Plans. Landlord shall notify Tenant in writing within seven (7) days after receipt of the Alterations Plans whether Landlord approves or drawings objects to the Plans and specifications for (in a reasonably detailed description) of the Alterationsmanner, as follows: (i) Tenant shall submit drawings and written specifications (collectivelyif any, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance Plans are objectionable. If Landlord objects to the Plans, then Tenant shall revise the Plans and cause Landlord’s permissible objections (based on the allowable grounds for such objections described in this Section 16.2) to be remedied in the revised Plans to Landlord. Landlord shall not withhold its approval to the Plans unless the Tenant Improvements to be constructed in accordance with building codes. such Plans: (iia) create a foreseeable risk of violating any Law, including zoning ordinances; (b) violate any recorded document affecting the Premises; provided that during the Term, Landlord shall not record any document affecting the Premises which has (or will have in the event Tenant may submit exercises the Purchase Option and acquires the Premises) a complete description of material adverse effect on Tenant’s Alterations (including sketches use or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all occupancy of the following criteria: Premises without Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; (1c) they are cosmetic not reasonably consistent with the architecture and overall design of comparable office buildings in nature the surrounding Sorrento Mesa/Sorrento Valley area; (e.g. painting, wallpapering, installation d) are not at least equivalent to the then existing quality of floor coverings, etc.), the Existing Building and other office buildings in the vicinity of the Buildings; (2e) they do not require involves a building permit, (3) they do not require work to be performed inside walls or above use of the ceiling Premises that is inconsistent with the Permitted Use of the Premises, and ; or (4f) they will not affect are reasonably expected to reduce the structure value of the Existing Building or the mechanicalPremises (each, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the a Building SystemsTenant Improvement Design Problem”). Notwithstanding that Landlord’s approval of, or objection to, the revised Plans and Tenant’s proposed Alterations satisfy all correction of the preceding criteria, upon review of Tenant’s submission, same shall be in accordance with this Section 16.2 until Landlord shall have has approved the right to require Tenant to submit Plans for all or any portion in writing. The iteration of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission that is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements objection shall be subject referred to approval of Landlord’s engineers. Landlord also reserves herein as the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval“Approved Plans. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Arena Pharmaceuticals Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant (a) Licensee shall submit to Licensor’s Real Estate & Facilities Department for Landlord’s written approval either a description of the Alterations or drawings review and specifications for the Alterationsapproval, as follows: two (i2) Tenant shall submit drawings paper copies and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: one (1) they are cosmetic in nature (e.g. paintingelectronic copy of plans showing all proposed modifications, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work alterations or improvements to be performed inside walls or above constructed on the ceiling of the PremisesPremises (“Licensee’s Improvements”) prepared in accordance with Licensor’s Electric Construction Standard S-7073, and the related standards referenced therein (4) they will not affect the structure with any revisions or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectivelysuccessor standards, the “Building SystemsConstruction Standards”), a copy of which is attached as Exhibit “B.” as well as all conditions listed in Exhibit “C” EPR Responses. Notwithstanding that TenantAll plans must be drawn to scale with units in feet and submitted in Microstation format referenced to applicable state plane Pennsylvania south coordinates (NAD83 and NAVD88 datum), or such other format as requested by Licensor, showing Licensee’s Improvements, including without limitation, building location and elevation, light poles, parking areas, roads and other paved areas, proposed Alterations satisfy all grading (including existing grade), drainage facilities, landscaping and other required information, together with the location of Licensor’s Facilities. Licensee shall also submit to Licensor for approval plans and permits for erosion and sedimentation control, wetland permits and vegetation removal plans. Licensor reserves the preceding criteria, upon right to decline to review drawings submitted without the required information. Licensor will use commercially reasonable efforts to complete its review of TenantLicensee’s submissiondrawings within ninety (90) days of receipt thereof. If Licensor has not completed its review of Licensee’s drawings and notified Licensee within such 90-day period, Landlord Licensee shall have the right to require Tenant to submit Plans for terminate this Lease, in which event all or any portion of the proposed Alterations. 2. Landlord deposits shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapprovalbe refunded. If Landlord disapproves Tenant’s Design Submission, Landlord the drawings are disapproved Licensor shall specify give written notice of the reasons for its disapproval and Tenant such disapproval. LICENSEE SHALL NOT COMMENCE ANY ALTERATIONS OR THE CONSTRUCTION OR INSTALLATION OF LICENSEE’S IMPROVEMENTS UPON THE PREMISES INITIALLY OR AT ANY FUTURE TIME UNTIL LICENSEE HAS RECEIVED WRITTEN APPROVAL FROM LICENSOR OF LICENSEE’S PLANS (“Approved Plans”). Licensee shall revise Tenantnotify Licensor upon completion of any approved Licensee improvements in order that, at Licensor’s Design Submission option, Licensor can may a final inspection to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is confirm compliance with plans approved by LandlordLicensor. (b) Any relocation or other adjustment or modification of Licensor's facilities, if acceptable to Licensor, to accommodate the Trail or Licensee's improvements for the Trail shall be performed by Licensor at the sole cost and expense of Licensee on a cost plus overhead basis. No approval by Landlord of Tenant’s Design Submission Licensee shall constitute a waiver of any pay an estimate of the requirements of this Exhibit or costs prior to Licensor performing such work. Any overpayment will be refunded following completion and any unpaid amount over the Lease. Tenant estimate paid by Licensee shall not make any changes be paid to Tenant’s Design Submission after approval by Landlord, including changes required Licensor within thirty (30) days following Licensor's bill therefor to obtain governmental permits, without obtaining Landlord’s written approval in each instanceLicensee. 3. All mechanical, electrical, structural (c) Construction of the Trail and floor loading requirements any improvements made by Licensee shall be subject to approval done at the sole cost and expense of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approvalLicensee. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Trail License Agreement

Plans. 1. Before commencing Based on the approved Space Plan, Landlord shall cause its architects and engineers to prepare and submit to Tenant for approval detailed plans, specifications and working drawings ("Plans") for the construction of Tenant's leasehold improvements to the Additional Premises ("Improvements"). Landlord reserves the right to approve any Alterationsspace planner, Tenant architect or engineer if employed by Tenant. As used herein, the term "Improvements" shall submit for Landlord’s written approval either a description of include all non-base building work to be done in the Alterations or drawings Additional Premises pursuant to the Plans, including, but not limited to: demolition work, partitioning, doors, ceiling, floor coverings, wall finishes (including paint and specifications for the Alterationswall coverings), as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanicalwindow coverings, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. paintinglighting, wallpaperingswitching, installation of floor coveringstelephones, outlets, computer and special electrical equipment, etc.), plumbing, heating, ventilating and air conditioning, fire protection, cabinets and other millwork. If Tenant has leased an entire floor, the Improvements shall include finished toilet rooms, corridors and elevator vestibules. Landlord shall submit the Plans to Tenant for approval within ten (210) they do not require a building permitbusiness days following Tenant's approval of the Space Plan, Within three (3) they do not require work to be performed inside walls or above the ceiling business days after receipt by Tenant of the PremisesPlans, Tenant (i) shall give its written approval with respect thereto, or (ii) shall notify Landlord in writing of its disapproval and state with specificity the grounds for such disapproval and the revisions or modifications necessary in order for Tenant to give its approval. Within five (45) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review business days following Landlord's receipt of Tenant’s submission's disapproval, Landlord shall have submit to Tenant for approval the right to require requested revisions or modifications. Within three (3) business days following receipt by Tenant to submit Plans for all of such revisions or any portion modifications, Tenant shall give its written approval with respect thereto or shall request other revisions or modifications therein. After approval of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any no further changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements the Plans shall be subject to made without the prior written approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Summit Bank Corp)

Plans. 1The Tenant Improvements shall be constructed substantially as shown on a conceptual space plan for the Initial Premises and the Additional Premises to be approved in writing by Landlord and prepared by Xxxxxxx Architecture Interiors (“Space Planner”) as the space planner for the Premises (“Space Plan”). Before commencing Landlord shall approve or disapprove of each Space Plan by written notice given to Tenant within ten (10) days after receipt of the Space Plan, which shall be provided to Landlord in accordance with the Construction Schedule (as defined below). If Landlord disapproves a Space Plan, Landlord shall return the Space Plan to Tenant with a statement of Landlord’s reasons for disapproval, or specifying any required corrections and/or revisions. Landlord shall approve or disapprove of any revisions to the Space Plan by written notice given to Tenant within five (5) business days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Space Plan. After approval of each Space Plan, and in accordance with a construction schedule to be approved by Landlord (the “Construction Schedule”), the Space Planner will prepare and deliver to Landlord and Tenant detailed plans and specifications sufficient to permit the construction of any Alterations, the Tenant shall submit Improvements by Tenant’s Contractor in accordance with the Space Plan and the cost agreed upon by Landlord and Tenant for Landlord’s written approval either a description the total cost of the Alterations Tenant Improvements (“Construction Documents”). Landlord shall respond to the Construction Documents within ten (10) days after receipt thereof, specifying any changes or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed modifications Landlord requires in the state Construction Documents. Landlord shall not unreasonably require changes or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches modifications or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all withhold its approval of the following criteria: Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Construction Documents if (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.)the Tenant Improvements will affect the Base Building or the Building Systems, (2) they do not require a building permitthe Tenant Improvements will alter or be visible from the exterior of the Premises, (3) they do not require work to be performed inside walls or above the ceiling any elements of the PremisesTenant Improvements are inconsistent with Landlord’s standard protocols or rules for construction in the Building, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems any element of the Building Tenant Improvements fails to comply with any applicable Law, or (collectively5) the cost of removing the Tenant Improvements at the end of the Term would be excessive in Landlord’s reasonable estimation. Following Landlord’s required changes or modifications, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of Space Planner will then revise the preceding criteria, upon review of Tenant’s submission, Construction Documents and resubmit them to Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2its approval. Landlord shall review approve or disapprove the description or Plans submitted same within ten (10) days after receipt. The revised Construction Documents, as finally approved by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required are hereinafter referred to obtain governmental permits, without obtaining Landlord’s written approval in each instanceas the “Final Construction Documents”. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Hemacare Corp /Ca/)

Plans. 1. Before commencing construction of any Alterations, Tenant (a) Landlord shall submit for Landlord’s written approval either a description of the Alterations or drawings full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Alterations, as follows: (iWork) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)"Plans") to Tenant for Tenant's approval. Notwithstanding that Tenant’s proposed Alterations satisfy all of The Plans shall include the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit minimum information shown on Attachment A attached hereto and incorporated herein. The Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to Tenant's approval and the approval of Landlord’s engineersall local governmental authorities requiring approval, if any. Landlord also reserves Tenant shall give its approval or disapproval (giving general reasons in case of disapproval) of the right Plans within ten (10) days after their delivery to require Tenant. Tenant agrees not to unreasonably withhold its approval of said Plans. Failure of Tenant to respond within said 10-day period shall be deemed approval of the Plans by Tenant. Tenant shall cooperate with Landlord by discussion or reviewing preliminary plans and specifications at Landlord's request prior to completion of the full, final detailed Plans in order to expedite preparation of the final Plans and the approval process. If Tenant notifies Landlord that changes are required to the final Plans submitted by Landlord, Landlord shall, within five (5) days thereafter, submit copies to Tenant for its approval the Plans as amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, to incorporate any work required in the Premises by any local governmental field inspector. Preparation of shop drawings for the Plans by Landlord’s review and approval's architect shall in no way be deemed to be a representation that any element therein contained complies with applicable laws, ordinances, regulations or other governmental requirements. 4(b) Landlord, at its sole option, may substitute for items, materials or finishes designated in the Plans other items, materials or finishes of comparable kind and quality. Before commencing construction All Work to be done by Landlord and any installations in the Premises as set forth in the Plans or otherwise shall be done using Building-standard specifications, materials, finishes and supplies. Landlord, at its sole option, may also change mechanical plans and specifications where necessary for the installation of air conditioning systems and ductwork, heating, electrical and plumbing and other mechanical plans for the Work; provided that any Alterations, Tenant such changes shall provide Landlord with two (2) complete copies not materially and adversely affect Tenant's use and occupancy of Tenant’s Design Submission in final form as approved by Landlordthe Premises for its intended purpose.

Appears in 1 contract

Samples: Office Lease (Careadvantage Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval approval, either a description of the Alterations or drawings and specifications for the Alterations, Alterations as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the Building structure or the mechanical, plumbingelectrical, HVAC, electrical plumbing or life safety systems of the Building (collectively, the “Building Systems”)HVAC systems. Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.. COMMERCIAL LEASE (MASTER SUBLEASE FORM) PAGE 30 OF 37 WAINSHAL MILL LEASING COMPANY LLC TO RRCC REALTY, LLC

Appears in 1 contract

Samples: Commercial Lease (FusionStorm Global, Inc.)

Plans. A. Landlord shall furnish to Tenant or, at Tenant’s direction, to Tenant’s agent, certain design and construction information pertinent to the Premises, including, but not limited to, one (1. Before commencing construction ) electronic copy of any Alterationsthe Tenant Design Criteria Manual, one (1) electronic copy of Landlord’s base building drawings, if available, and one (1) lease outline drawing (Exhibit A-2). B. At a date as may be required by Tenant to achieve its Rental Commencement Date, Tenant shall submit shall, at Tenant’s sole cost and expense, cause Tenant’s Architect and Engineers to coordinate, prepare and deliver to Landlord for Landlord’s written approval either approval, a description sample board of tenant interior and exterior finishes, a digital rendering of the Alterations or Tenant’s storefront design, preliminary design drawings, final plans and sign shop drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Tenant’s Plans”) for ). The plan submission process and requirements can be referenced in the Tenant Design Criteria Manual. C. Tenant’s Plans as approved or approved as noted by Landlord are referred as the “the Final Working Drawings.” After Landlord’s approval of the Final Working Drawings, no changes shall be made to the Final Working Drawings except with the prior written approval of Landlord. However, in the course of construction Landlord may make such changes in, on or about the Building or the Premises as may be required as a result of “as built” conditions. During all phases of plan development and prior to bidding plans or commencing construction, Tenant or Tenant’s Architect and Engineers shall make a physical on-site inspection of the Premises to verify the “as built” location, conditions and physical dimensions of the Premises and conformance of the Final Working Drawings. Failure to do so shall be at the sole risk and expense of Tenant. Landlord’s review and approval of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, Plans is for compliance with full details and finish schedulesLandlord’s criteria only, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying this approval does not relieve Tenant of responsibility for compliance with building codes. (ii) Tenant may submit a complete description the Lease, field verification of Tenant’s Alterations (including sketches or diagrams dimensions and existing conditions, discrepancies between Final Working Drawings and “as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling built” conditions of the Premises, coordination with other trades, job conditions and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy compliance with all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) governing codes and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes regulations applicable to Tenant’s Design Submission after approval Work. No responsibility for proper engineering, safety, design of facilities or compliance with all applicable governing codes and regulations is implied or inferred on the part of Landlord by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and any such approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

Plans. 1. Before commencing (a) Except as otherwise provided in this Paragraph 3, prior to the execution of the Lease, Landlord and Tenant have approved in writing space plans for the build-out of the Tenant Improvements and an estimate of the cost to design and/or construct complete such specifications for the construction of any Alterationsthe Tenant Improvements for the Premises which were prepared by Landlord or Landlord’s designated architect (the “Plans”). A copy of the Plans are attached to the Lease as Exhibit C and incorporated herein by this reference. (b) In the event that Landlord and Xxxxxx enter into this Lease prior to reaching agreement on the Plans, Landlord and Tenant shall submit cooperate in good faith to finalize the Plans, without delay. Tenant shall fully cooperate by providing Landlord, its architects, engineers and contractors, with timely information and approvals of plans, drawings and specifications. Any acts by Tenant to delay or otherwise act negligently or in bad faith in approving the Plans and/or cooperating with Landlord in the design and construction of the Tenant Improvements shall result in a Tenant Delay (as hereinafter defined), of this Work Letter. Upon agreement by Xxxxxxxx and Tenant on the Plans, a true and correct copy will be attached to the Lease as Exhibit C, and incorporated by this reference. (c) Landlord and Tenant acknowledge that the Plans may not depict certain structural elements of the Building and/or various elements of the Building systems which may result in material modifications to the final plans and specifications for the Tenant Improvements (collectively “Structural Modifications”). Furthermore, any final plans and specifications for the construction of the Tenant Improvements may require modification to account for the requirements of building codes and other legal requirements of applicable governmental entities, including, but not limited to, Title 24 and the Americans with Disabilities Act (collectively the “Building Codes”). Within thirty (30) days after the date of this Lease, Landlord shall cause to be prepared final plans and specifications in substantial conformity with the Plans taking into account (i) Structural Modifications, (ii) the requirements of the Building Codes, (iii) other modifications resulting from physical constraints of the Premises and (iv) modifications requested by Xxxxxx and consented to by Landlord, which consent shall not be unreasonably withheld (the “Final Plans”). Tenant agrees that, in addition to other factors and considerations Landlord may take into account, it shall not be unreasonable for Landlord to withhold its consent to any requested modifications to the Plans (i) if such requested modifications would not comply with the Building Codes, (ii) if such requested modifications would delay the completion of the Tenant Improvements beyond the Scheduled Completion Date, (iii) if such requested modifications would cause the anticipated cost of the Tenant Improvements to exceed the Tenant Improvement Allowance, (iv) if such requested modifications would not increase the value of the Tenant Improvements, (v) if such requested modifications would cause an undue burden on the architect, the contractor, the subcontractors or Landlord’s written approval personnel, or (vi) if such requested modifications would increase the burden on the building systems, either during construction or after completion of same. (d) Landlord shall pay for all architectural and engineering fees and costs incurred in connection with the Tenant Improvements depicted on the Final Plans including architectural plans required to depict accessibility routes for the Building in general as part of the Tenant Improvement Allowance. Any and all architectural and engineering fees and costs incurred as a result of changes in the Final Plans requested by Tenant shall be Tenant’s sole responsibility and shall be paid by Tenant as Additional Rent within ten (10) days after receipt of invoices from Landlord showing that such additional fees or costs have been incurred. (e) Notwithstanding the other provisions of this Work Letter, the parties agree that in the event that the Tenant Improvements do not require the preparation of Plans (e.g. repainting, recarpeting and/or minor cosmetic work), the parties may dispense with the requirements of this Section 3 and replace Exhibit C with a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above which shall be deemed to be the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Final Plans for all or any portion purposes of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”Section 2(a) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceWork Letter. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Office Lease (Intersearch Group Inc)

Plans. 1. Before commencing construction of any Alterations, Tenant shall submit for Landlord’s written approval either a description of the Alterations or drawings and specifications for the Alterations, as follows: (i) Tenant shall submit drawings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”)) . Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Cerecor Inc.)

Plans. 1. Before commencing construction Effective as of any Alterationsimmediately prior to the Effective Time, Tenant unless otherwise directed in writing by Parent at least five Business Days prior to the Effective Time, the Company shall submit for Landlordterminate the Company’s written approval either a description of the Alterations or drawings Employees’ Savings Plan and specifications for the Alterations, as follows: (i) Tenant shall submit drawings Employees’ Savings and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, electrical and cabling, plumbing and architectural drawings. Drawings are to be complete, with full details and finish schedules, and shall be stamped by an AIA architect licensed in the state or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building Profit Sharing Plan (collectively, the “Building SystemsCompany 401(k) Plans”). Notwithstanding that Tenant’s proposed Alterations satisfy all , pursuant to resolutions of the preceding criteriaCompany’s Board of Directors that are reasonably satisfactory to Parent. In connection with the termination of the Company 401(k) Plans, upon review Parent shall, subject to the terms of Tenant’s submissionany applicable Collective Bargaining Agreement, Landlord shall have permit each eligible Covered Employee to become a participant in an “eligible retirement plan” (within the right to require Tenant to submit Plans for all meaning of Section 401(a)(31) of the Code) of Parent or any of its Subsidiaries (the “Parent 401(k) Plan”) and make rollover contributions of “eligible rollover distributions” (within the meaning of Section 401(a)(31) of the Code, including all participant loans) in cash or notes (in the case of participant loans) in an amount equal to the eligible rollover distribution portion of the proposed Alterations. 2account balance distributed to each such Covered Employee from such plan to the Parent 401(k) Plan. Landlord During the period beginning at the Effective Time and ending on December 31, 2017, Parent shall, or shall review cause the description or Plans submitted Surviving Corporation to, provide to each Covered Employee who, as of the Effective Time, received non-discretionary transition credits pursuant to the terms of the Company Employees’ Savings Plan and who commences participation in the Parent 401(k) Plan, transition credits calculated in accordance with the terms of the Company Employees’ Savings Plan as in effect on the date hereof, but only to the extent such transition credits were reflected on the financial projections of the Company provided to Parent prior to the date hereof. In the event the tax qualification requirements of the Code applicable to the Parent 401(k) Plan (including, without limitation, non-discrimination requirements) would reduce Parent’s ability to comply with the conditions of the foregoing sentence, and, after using reasonable best efforts, Parent is unable to provide the non-discretionary transition credits pursuant to the Parent 401(k) Plan as required by Tenant (“Tenant’s Design Submission”this Section 7.04(d), any such transition credits that cannot be provided by the Parent 401(k) and notify Tenant of approval or disapproval. If Landlord disapproves Tenant’s Design Submission, Landlord Plan shall specify the reasons be taken into account for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, and shall resubmit the same to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any purposes of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instanceSection 7.04(a). 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies of shop drawings for Landlord’s review and approval. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cytec Industries Inc/De/)

Plans. 1Tenant shall, at its sole cost and expense, perform all work necessary or desirable for Tenant’s occupancy of the Premises (the “Tenant Improvements”). Before commencing construction of Prior to any AlterationsTenant Improvements, Tenant shall submit furnish to Landlord, for Landlord’s written approval either approval, a description permit set (final construction drawings) of the Alterations or drawings plans and specifications for the Alterations, as follows: Tenant Improvements (i) the “Plans”). The Plans shall include the following: fully dimensioned architectural plan; electric/telephone outlet diagram; reflective ceiling plan with light switches; mechanical plan; furniture plan; electric power circuitry diagram; plumbing plans; all color and finish selections; all special equipment and fixture specifications; and fire sprinkler design drawings. Tenant shall submit drawings the approved Plans to applicable building authorities for permit within five days following Landlord’s approval and written specifications (collectively, “Plans”) for all of Tenant’s Alterations, including mechanical, Tenant shall thereafter diligently pursue obtaining its building permits. The Plans will be prepared by a licensed architect and the electrical and cablingmechanical plans will be prepared by a licensed professional engineer. The Plans shall be produced on CADD. The architect and engineer will be subject to Landlord’s approval, plumbing and architectural drawingswhich shall not be unreasonably withheld. Drawings are to be completeThe Plans shall comply with all applicable laws, with full details and finish schedulesordinances, directives, rules, regulations, and shall be stamped other requirements imposed by an AIA architect licensed in the state any and all governmental authorities having or district in which the Property is located certifying compliance with building codes. (ii) Tenant may submit a complete description of Tenant’s Alterations (including sketches or diagrams as necessary) in lieu of submitting Plans if the proposed Alterations meet all of the following criteria: (1) they are cosmetic in nature (e.g. painting, wallpapering, installation of floor coverings, etc.), (2) they do not require a building permit, (3) they do not require work to be performed inside walls or above the ceiling of asserting jurisdiction over the Premises, and (4) they will not affect the structure or the mechanical, plumbing, HVAC, electrical or life safety systems of the Building (collectively, the “Building Systems”). Notwithstanding that Tenant’s proposed Alterations satisfy all of the preceding criteria, upon review of Tenant’s submission, Landlord shall have the right to require Tenant to submit Plans for all or any portion of the proposed Alterations. 2. Landlord shall review the description Plans and either approve or Plans submitted by Tenant (“Tenant’s Design Submission”) and notify Tenant disapprove them within a reasonable period of approval or disapprovaltime. If Should Landlord disapproves Tenant’s Design Submissiondisapprove them, Landlord shall specify the reasons for its disapproval and Tenant shall revise Tenant’s Design Submission to meet Landlord’s objections, make any necessary modifications and shall resubmit the same Plans to Landlord as so revised until Tenant’s Design Submission is approved by Landlord. No approval by Landlord of Tenant’s Design Submission shall constitute a waiver of any of the requirements of this Exhibit or the Lease. Tenant shall not make any changes to Tenant’s Design Submission after approval by Landlord, including changes required to obtain governmental permits, without obtaining Landlord’s written approval in each instance. 3. All mechanical, electrical, structural and floor loading requirements shall be subject to approval final form within ten days following receipt of Landlord’s engineers. Landlord also reserves the right to require Tenant to submit copies disapproval of shop drawings for Landlord’s review and approvalthem. 4. Before commencing construction of any Alterations, Tenant shall provide Landlord with two (2) complete copies of Tenant’s Design Submission in final form as approved by Landlord.

Appears in 1 contract

Samples: Lease (Health Benefits Direct Corp)

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