Common use of Pre-Construction Obligations Clause in Contracts

Pre-Construction Obligations. A. Plans, diagrams, schedules and other data relating to work to be performed by Tenant must be furnished by Tenant to Landlord complete, sufficient to obtain a building permit, and ready for Landlord's consideration and final approval within fifteen (15) days after execution of this lease (or at such other time as may be specified by this exhibit). Without limiting the generality of the immediately preceding sentence, Tenant's submissions must include a floor plan, a reflected ceiling plan, a plumbing plan, elevations of walls and a fixture plan. All drawings shall be at scale of either 1/8" or 1/4" Tenant shall reimburse Landlord for any loss or extra cost which may result to Landlord by reason of failure on the part of Tenant to submit any such plans, diagrams, schedules, specifications and/or other data within said period of time. B. Tenant shall secure Landlord's written approval of all designs, plans, specifications, materials, contractors and contracts for work to be performed by Tenant before beginning the work (including following whatever "work letter" instructions, if any, which Landlord may deliver to Tenant in connection with the work), and shall secure all necessary licenses and permits to be used in performing the work. Tenant's finished work shall be subject to Landlord's approval and acceptance. C. The insurance requirements under Article 15 of this lease and the indemnity requirements under Article 16 of this lease shall apply during the construction contemplated in this exhibit, and Tenant shall provide evidence of appropriate insurance coverage prior to beginning any of Tenant's work. Tenant shall provide Landlord with evidence of insurance covering both Tenant and Tenant's contractor against damage to their personal property, as well as against third-party liability and workers' compensation claims arising out of all construction and associated activities. All policies of insurance shall be subject to Landlord's prior approval and shall be endorsed showing Landlord as an additional named insured (or if permitted by Landlord, may provide a waiver of subrogation against Landlord).

Pre-Construction Obligations. A. Plans, diagrams, schedules and other data relating to work to be performed by Tenant must be furnished by Tenant to Landlord complete, sufficient to obtain a building permit, permit ("Plans") and ready for Landlord's consideration and final approval within fifteen (15) days after execution of this lease (or at such other time as may be specified by this exhibit). Without limiting the generality of the immediately preceding sentence, Tenant's submissions must include a floor plan, a reflected ceiling plan, a plumbing plan, elevations of walls and a fixture plan. All drawings shall be at scale of either 1/8" or 1/4" ". Within ten (10) days following the date of Landlord's receipt of the Plans, Landlord will advise Tenant of Landlord's approval or disapproval of the Plans. If Landlord disapproves any aspect of the Plans, Landlord shall reimburse so notify Tenant and specify the reasons for such disapproval. Landlord may also specify how any such disapproved item may be made reasonably acceptable to Landlord, and Tenant shall, within five (5) days thereafter, deliver to Landlord revised Plans incorporating the revisions required by Landlord. Tenant agrees and understands that the review of all Plans by or on behalf of the Landlord pursuant to this Exhibit C is solely to protect the interests of Landlord in the Building and the Premises, and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of any such items or compliance of such Plans with applicable design or engineering standards or applicable laws. Similarly, Landlord is making the services of Landlord's Architect available to Tenant solely as an accommodation to Tenant and Landlord shall have no liability whatsoever for any loss error or extra cost which may result to Landlord omission by reason Architect in the performance of failure on Architect's services for the part benefit of Tenant to submit any such plansshould Landlord be delayed in responding within the period above, diagrams, schedules, specifications and/or other data within said the Commencement Date and rental commencement date under this Lease shall be extended for the period of timedelays for which Landlord was responsible. B. Tenant shall secure Landlord's written approval of all designs, plans, specifications, materials, contractors and contracts for work to be performed by Tenant before beginning the work (including following whatever "work letter" instructions, if any, which Landlord may deliver to Tenant in connection with the work), and shall secure all necessary licenses and permits to be used in performing the work. Tenant's finished work shall be subject to Landlord's approval and acceptance. C. The insurance requirements under Article 15 of this the lease and the indemnity requirements under Article 16 of this the lease shall apply during the construction contemplated in this exhibit, and Tenant shall provide evidence of appropriate insurance coverage prior to beginning any of Tenant's work. Tenant shall provide Landlord with evidence of insurance covering both Tenant and Tenant's contractor against damage to their personal property, as well as against third-party liability and workers' compensation claims arising out of all construction and associated activities. All policies of insurance shall be subject to Landlord's prior approval which approval shall not be unreasonably withheld or delayed by in excess of ten (10) days after submission thereof to Landlord and shall be endorsed showing Landlord as an additional named insured (or if permitted by Landlord, may provide a waiver of subrogation against Landlord).

Pre-Construction Obligations. If Tenant desires any improvements within the Demised Premises other than those described in Articles III and IV of this Exhibit “C” or Exhibit “C-l” attached to this lease, then the provisions set forth in this Article II will apply to such improvements: A. PlansAll plans, diagrams, schedules schedules, specifications and other data relating to work to be performed by Tenant Tenant’s preferences in connection with Landlord’s Work must be furnished by Tenant to Landlord complete, sufficient to obtain a building permit, and ready for Landlord's ’s consideration and final approval within fifteen five (155) days after execution of this lease (or at such other time as may be specified by in this exhibit). Without limiting the generality of the immediately preceding sentence, Tenant's submissions must include a floor plan, a reflected ceiling plan, a plumbing plan, elevations of walls and a fixture plan. All drawings shall be at scale of either 1/8" or 1/4" Tenant shall reimburse Landlord for any loss or extra cost which may result to Landlord by reason of failure on the part of Tenant to submit any such plans, diagrams, schedules, specifications and/or other data within said period of time. B. Tenant shall secure Landlord's ’s written approval of all designs, plans, specifications, materials, construction schedule, contractors and contracts for work to be performed by Tenant before beginning the work (including following whatever "“work letter" ” instructions, if any, which Landlord may deliver to Tenant in connection with the work), and shall secure all necessary licenses and permits to be used in performing the work. Tenant's ’s finished work shall be subject to Landlord's ’s approval and acceptance. C. Should Tenant request and Landlord approve any variation in the interior finishing of the Demised Premises, and if such items are a part of Landlord’s Work as described below, the variation must be incorporated in the plans to be furnished by Tenant. In such event, Tenant must pay to Landlord any increase in the cost of Landlord’s Work, including, without limitation, design, architectural and other professional costs, as determined by Landlord or its contractor or architect at the time of incorporation of such variation into Landlord’s Work. D. The insurance requirements under Article 15 l5 of this the lease and the indemnity requirements under Article 16 of this the lease shall apply during the construction contemplated in this exhibit, and Tenant shall must provide evidence of appropriate insurance coverage prior to beginning any of Tenant's work’s Work. In addition, and without limiting the generality of the immediately preceding sentence, at Landlord’s option, Landlord may require that prior to beginning any of Tenant’s Work, Tenant shall must provide Landlord with evidence of insurance covering both Tenant and Tenant's ’s contractor against damage to their personal property, as well as against third-party liability and workers' worker’s compensation claims arising out of all construction and associated activities, as stated below: 1. Worker’s Compensation at statutory limits, as required by the state where work is being performed and Employer’s Liability with limits no less than One Million Dollars ($1,000,000.00) for each accident or occupational disease. 2. Commercial General Liability, including Premises Operations, Products, and Completed Operations Liability, Independent Contractors Liability, Contractual Liability and Broad Form Property Damage Liability with limits no less than: Bodily Injury and Two Million Dollars ($2,000,000.00) Property Damage Liability each occurrence/aggregate Personal Injury Liability Two Million Dollars ($2,000,000.00) each occurrence/aggregate Such liability insurance shall provide coverage for explosion, collapse, and underground exposures, if applicable, and contractual liability coverage, shall insure Tenant’s contractors and any subcontractors against any and all claims for personal injury, including death resulting therefrom, and damage to property of others arising from operations under contracts whether such operations are performed by Tenant’s contractors or by any subcontractor for whose acts any of them may be liable and shall include the condition that it is primary and that any liability insurance maintained by Landlord or any other additional insured is excess and noncontributory. 3. Comprehensive Automobile Liability Insurance, including the ownership, maintenance, and operation of any automobile equipment owned, hired, and non-owned, including the loading and unloading thereof in the following minimum amounts: Bodily Injury and Two Million Dollars ($2,000,000.00) Property Damage Liability each accident 4. Umbrella Liability Insurance covering all operations of contractor with limits no less than: Bodily Injury and Two Million Dollars ($2,000,000.00) Property Damage Liability each occurrence/aggregate 5. Builder’s Risk Completed Value Form covering All Risks of Physical Loss or Damage on Tenant’s Work in the Demised Premises as it relates to the building in which the Demised Premises are located, naming the interests of Landlord and its agents and employees and Tenant’s contractors as additional insureds, as their respective interests may appear. All policies of insurance shall be are subject to Landlord's ’s prior approval and shall special conditions, including the following: a. Each policy must be endorsed showing to provide that the carrier waives its right of subrogation against Landlord as an additional named insured (or if permitted by and its general partners, agents, managers, and lenders. During Landlord’s construction activities, may each such policy shall in addition be endorsed to provide a waiver that the carrier waives its right of subrogation against Landlord)’s general contractor. b. Each policy shall be endorsed to name Landlord and its general partners, agents, managers, and lenders as additional insureds, and that the policy is primary over any other applicable insurance. During Landlord’s construction activities, each such policy shall in addition be endorsed to name Landlord’s general contractor.