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, 2005As soon as reasonably practicable in light of Tenant’s construction planning, 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 Tenant’s Work including demolition plans 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 dueIntentionally Omitted; (iv) the names and addresses of Tenant's ’s contractors (and the contractors' ’ subcontractors) to be engaged by Tenant ▇▇▇▇▇▇ for the Tenant’s Work ("“Tenant's ’s Contractors"”). Landlord ▇▇▇▇▇▇▇▇ has the right to reasonably approve or disapprove Tenant's Major Contractors (’s Contractors. B2SJ is hereby approved as defined below), which approval will not be unreasonably withheld or delayedTenant’s Architect. Provident Construction is hereby approved as an option for Tenant’s Contractor. 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 performance of Tenant's General Contractor and the contractors performing work relating to the ’s Work 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 Tenant’s 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 Tenant’s 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 Tenant’s Work (including, without limitation, architectural, mechanical and electrical tenant’s working drawings for Tenant’s 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) business days after receipt thereof by ▇▇▇▇▇▇▇▇, and thereafter, within five (5) business days for any re-submission. Landlord agrees not to unreasonably withhold, delay or condition its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its 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 Material; (ii) Tenant’s Work would materially decrease Landlord’s ability to furnish services to Tenant or other tenants; (iii) Tenant’s Work would materially 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 exterior appearance of the Building (excluding Tenant’s exterior eyebrow signage which is permitted); 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) 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 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. Tenant shall have the right to provide its own construction manager to manage the construction process, and to let and hold the construction contracts. As described above, Landlord shall be entitled to reasonable approval rights of Tenant’s Contractors, including, without limitation, all contractors, subcontractors, engineers and construction managers; provided, however, Landlord shall not specify that Tenant use any particular subcontractor unless Landlord’s MEP Engineers (as hereinafter defined) advise Landlord to require a specific subcontractor. In addition, Landlord may require certain mechanical, electrical, plumbing and structural engineering firms (collectively, the “MEP Engineers”) to be engaged to ensure preservation of Building systems, code compliance, structural integrity of improvements and impact on other tenants in the Building. There will be no Building construction standards imposed on Tenant as to Tenant’s Work other than those mandated/required by applicable code and/or by the MEP Engineers. During the construction of Tenant’s Work, Landlord shall provide all utilities required to carry out and complete the construction at no cost to Tenant. If in connection with Tenant’s Work, if reinforcing of the floor is required, Tenant shall have the right, at its sole cost and expense to reinforce the floor in any areas specified by ▇▇▇▇▇▇’s architect as designed by ▇▇▇▇▇▇▇▇’s approved structural engineer, subject to the terms of this Lease and with Landlord approved impact on other tenants only. There shall be no construction, management, coordination fee or other “mark ups” on Tenant’s Work payable to Landlord, other than the Construction Management Fee and any actual out of pocket, third party engineers fees incurred by Landlord in connection with Landlord’s review process to the extent as expressly permitted in Paragraph 5 below.

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