Common use of Preconstruction Activities Clause in Contracts

Preconstruction Activities. (a) On or before October 15, 2005, Tenant shall submit the following information and items to Landlord for Landlord's review and approval: (i) a detailed construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction; (ii) an itemized statement of the estimated construction cost, including permits and architectural and engineering fees; (iii) evidence reasonably satisfactory to Landlord of Tenant's ability to pay the cost of the Work as and when payments become due. Such evidence shall be in the form of an unconditional written commitment from a responsible lender to pay for the Work or evidence of current net assets in the form of cash, cash equivalents or other liquid assets of Tenant which have been and will continue to be segregated for payment of the Work when due; (iv) the names and addresses of Tenant's contractors (and the contractors' subcontractors) to be engaged by Tenant for the Work ("Tenant's Contractors"). Landlord has the right to approve or disapprove Tenant's Major Contractors (as defined below), which approval will not be unreasonably withheld or delayed. Tenant shall not employ as Tenant's Contractors any persons or entities disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's Major Contractor list, Tenant shall employ as Tenant's Major Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved Major Contractors (at least three (3) designees for each category): "Major Contractors" means Tenant's General Contractor and the contractors performing work relating to the electrical, mechanical, plumbing and life-safety systems;

Preconstruction Activities. (a) On or before October 15, 2005Prior to the commencement of Tenant's Work, Tenant shall submit the following information and items to Landlord for Landlord's reasonable review and approval: (i) a detailed construction schedule containing the major components of the Tenant's Work and the time required for each, including the scheduled commencement date of construction of the Tenant's Work, milestone dates and the estimated date of completion of construction; (ii) an itemized statement of the estimated construction cost, including permits and architectural and engineering fees; (iii) evidence reasonably satisfactory to Landlord of Tenant's ability to pay the cost of the Work as and when payments become due. Such evidence shall be in the form of an unconditional written commitment from a responsible lender to pay for the Work or evidence of current net assets in the form of cash, cash equivalents or other liquid assets of Tenant which have been and will continue to be segregated for payment of the Work when due; (iv) the names and addresses of Tenant's contractors (including the general contractor and the such contractors' subcontractors) including any project/construction manager to oversee the construction process to be engaged by Tenant for the Tenant's Work ("Tenant's Contractors"). The general contractor shall be selected by Tenant, subject to Landlord's reasonable approval as hereinafter provided. Landlord has the right to approve or disapprove Tenant's Major Contractors (as defined below), which approval will not be unreasonably withheld or delayedContractors. Tenant shall not employ as Tenant's Contractors any persons or entities disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's Major Contractor list, Tenant shall employ as Tenant's Major Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved Major Contractors (at least three (3) designees contractors for each category): "Major Contractors" means Tenant's General Contractor and the contractors performing performance of work relating to the involving mechanical, electrical, mechanical, plumbing and or life-safety systems, from which Tenant must select its contractors for such work. If Tenant does not use Kent (Landlord's mechanical, electrical and plumbing engineer) or Landlord's life­ safety contractor, then Tenant shall also be responsible for Landlord's costs and expenses payable to such third parties in connection with Landlord's review of the Plans and rights and responsibilities under this Workletter, which costs shall be deemed to be Construction Costs. Tenant shall let and hold the construction contracts with Tenant's Contractors. In connection with the foregoing, Landlord hereby approves as Tenant's Contractors: Bear Construction, Interior Construction Group and Leopardo Construction; (iv) certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord; and (v) the Plans for Tenant's Work, which Plans shall be subject to Landlord's reasonable approval in accordance with Paragraph 3(c) below. (b) Tenant will update such information and items by notice to Landlord of any changes. (c) As used herein, the term "Plans" shall mean full and detailed architectural and engineering plans and specifications covering Tenant's Work (including, without limitation, architectural, mechanical and electrical working drawings for Tenant's Work). The Plans shall be subject to Landlord's reasonable approval and the approval of all local governmental authorities requiring approval, if any and shall be in CAD format. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within five (5) business days after receipt thereof by Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds it consent because, in Landlord's opinion: (i) Tenant's Work is likely to affect adversely Building systems, telecommunications or data transmission equipment or systems, the structure of the Building or the safety of the Building and its occupants, including possible disturbance of any Hazardous Materials; (ii) Tenant's Work would adversely affect Landlord's ability to furnish services to Tenant or other tenants; (iii) Tenant's Work would increase the cost of operating the Building; (iv) Tenant's Work would violate any Laws; (v) Tenant's Work contains or uses Hazardous Materials; (vi) Tenant's Work would adversely affect the appearance of the Building; or (vii) Tenant's Work would adversely affect another tenant's premises. 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. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications, at Tenant'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 Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall, within five (5) business days thereafter, submit to Landlord for its approval the Plans as amended in accordance with the changes so required. The Plans shall also be revised, and Tenant's Work shall be changed, to incorporate any work required in the Relocation Premises by any local governmental field inspector. Landlord shall, within five (5) business days, give its approval or disapproval (giving general reasons in case of disapproval) of Tenant's revisions to the final Plans. Landlord's approval of the Plans shall in no way be deemed to be a representation or warranty of Landlord that such Plans are adequate for any use or comply with any applicable laws, ordinances or regulations or other governmental requirements; or be deemed to be an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements.

Preconstruction Activities. A. (aI) On as to the 15th Floor Premises and the 19th Floor Premises, on or before October 15July 30, 20051999, and (II) as to the 20th Floor Premises, on or before the delivery of occupancy of such premises to Tenant, Tenant shall submit the following information and items to Landlord for Landlord's ’s review and approval: (i) a detailed construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction; (ii) an itemized statement of the estimated construction cost, including permits and architectural and engineering fees; (iii) evidence reasonably satisfactory to Landlord of Tenant's ’ s ability to pay the cost of the Work in excess of Landlord’s Contribution for such portion of the Premises, if any, as and when payments become due. Such evidence shall be in the form of an unconditional written commitment from a responsible lender to pay for the Work or evidence of current net assets in the form of cash, cash equivalents or other liquid assets of Tenant which have been and will continue to be segregated for payment of the Work when due;. (iv) the names and addresses of Tenant's ’s contractors (and the contractors' ’ subcontractors) to be engaged by Tenant for the Work ("“Tenant's ’s Contractors"”). Landlord has the right to reasonably approve or reasonably disapprove Tenant's Major Contractors (as defined below), which approval will not be unreasonably withheld or delayed’s Contractors. Tenant shall not employ as Tenant's ’s Contractors any persons or entities disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's Major Contractor ’s list, Tenant shall employ as Tenant's Major ’s Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved Major Contractors (at least three (3) designees contractors for each category): "Major Contractors" means Tenant's General Contractor and the contractors performing performance of work relating to the involving electrical, mechanical, plumbing and or life-safety systems, from which Tenant must select its contractors for such work; (v) certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord; and (vi) the Plans for the Work, which Plans shall be subject to Landlord’s approval in accordance with Paragraph 3(B) below. Tenant will update such information and items by notice to Landlord of any changes. B. As used herein, the term “Plans” shall mean full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall include the minimum information shown on Attachment B attached hereto and incorporated herein. The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within five (5) business days after receipt thereof by Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds it consent because, in Landlord’s opinion: (i) the Work is likely to affect adversely Building systems, the structure of the Building or the safety of the Building and its occupants; (ii) the Work would increase Landlord’s ability to furnish services to Tenant or other tenants; (iii) the Work would increase the cost of operating the Building; (iv) the Work would violate any governmental laws, rules or ordinances; (v) the Work contains or uses hazardous or toxic materials; (vi) the Work would adversely affect the appearance of the Building; (vii) the Work would adversely affect another tenant’s premises; or (viii) the Work is prohibited by any mortgage on 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. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications, at Tenant’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 Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall, within three (3) days thereafter, submit to Landlord for its approval the Plans as amended in accordances 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. Landlord’s approval of the Plans shall in no way be deemed to be acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements.

Preconstruction Activities. (a) On or before October 15December 31, 20052004, Tenant shall submit the following information and items to Landlord for Landlord's ’s review and approval: (i) a detailed construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction; (ii) an itemized statement of the estimated construction cost, including permits and architectural and engineering fees; (iii) evidence reasonably satisfactory to Landlord of Tenant's ’s ability to pay the cost of the Work as and when payments become due. Such evidence shall be in the form of an unconditional written commitment from a responsible lender to pay for the Work or evidence of current net assets in the form of cash, cash equivalents or other liquid assets of Tenant which have been and will continue to be segregated for payment of the Work when due; (iv) the names and addresses of Tenant's ’s contractors (and the contractors' ’ subcontractors) to be engaged by Tenant for the Work ("“Tenant's ’s Contractors"”). Landlord has the right to approve or disapprove Tenant's Major Contractors (as defined below), which approval will not be unreasonably withheld or delayed’s Contractors. Tenant shall not employ as Tenant's ’s Contractors any persons or entities disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's Major Contractor ’s list, Tenant shall employ as Tenant's Major ’s Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved Major Contractors (at least three (3) designees contractors for each category): "Major Contractors" means Tenant's General Contractor and the contractors performing performance of work relating to the involving electrical, mechanical, plumbing and or life-safety systems, from which Tenant must select its contractors for such work; (v) certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord; (vi) payment and performance bonds for all of Tenant’s Contractors naming Landlord as a dual obligee; and (vii) the Plans for the Work, which Plans shall be subject to Landlord’s approval in accordance with paragraph 3(b) below. Tenant will update such information and items by notice to Landlord of any material changes. (b) As used herein, the term “Plans” shall mean full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within seven (7) days after receipt thereof by Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds it consent because, in Landlord’s opinion: (i) the Work is likely to affect adversely Building systems, the structure of the Building or the safety of the Building and its occupants; (ii) the Work would adversely affect Landlord’s ability to furnish services to Tenant or other tenants; (iii) the Work would increase the cost of operating the Building; (iv) the Work would violate any governmental laws, rules or ordinances; (v) the Work contains or uses hazardous or toxic materials; (vi) the Work would adversely affect the appearance of the Building; (vii) the Work would adversely affect another tenant’s premises; or (viii) the Work is prohibited by any mortgage on 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. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications, at Tenant’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 Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall, within ten (10) days thereafter, submit to Landlord 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