Common use of Preliminary Plans Clause in Contracts

Preliminary Plans. Within days after the Parties have mutually executed and delivered this Lease, Lessor shall prepare preliminary plans and specifications for the completion of the Improvements (“Preliminary Plans”). The Preliminary Plans shall itemize the work to be done by each Party, including, an estimate of the cost any work required of Lessor which is not a Standard Improvement. Lessee shall approve the Preliminary Plans and the preliminary cost estimate or specify with particularity Lessee’s objection thereto within days following delivery thereof by Xxxxxx. Xxxxxx’s failure to timely approve or disapprove the Preliminary Plans and the preliminary cost estimate shall constitute Xxxxxx’s approval thereof. If Lessee shall disapprove all or any part of the Preliminary Plans, and the Preliminary Plans cannot in good faith be modified within 10 days after such disapproval to be acceptable to both Lessor and Lessee, then this Lease shall terminate upon notice thereof by one Party to the other, Lessor shall refund to Lessee any Security Deposit or prepaid rent by Lessee, less the cost of the Preliminary Plans, legal fees and other costs incurred by Lessor in connection with this Lease, and neither Party shall thereafter have any obligation, liability or responsibility to the other Party for any reason whatsoever having to do with this Lease. The Preliminary Plans, when approved by Xxxxxx, shall supersede any prior agreement of the Parties concerning the Improvements.

Appears in 1 contract

Samples: Work Letter

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Preliminary Plans. Within If the plans and specifications attached hereto are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans", and the remainder of this Paragraph shall be inoperative. If the plans and specifications attached hereto are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval on or before March 13, 1997. Tenant shall approve or disapprove such drawings and specifications within three ( 3 ) days after receipt from Landlord. Tenant shall have the Parties have mutually executed right to disapprove such drawings and delivered this Leasespecifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Lessor Landlord and Tenant shall prepare preliminary plans promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the completion of the Improvements Work on or before March 20, 1997, Landlord may, at Landlord's option, either (“Preliminary Plans”). The Preliminary Plans shall itemize the work to be done by each Party, including, an estimate of the cost any work required of Lessor which is not a Standard Improvement. Lessee shall approve the Preliminary Plans and the preliminary cost estimate or specify with particularity Lessee’s objection thereto within days following delivery thereof by Xxxxxx. Xxxxxx’s failure to timely approve or disapprove the Preliminary Plans and the preliminary cost estimate shall constitute Xxxxxx’s approval thereof. If Lessee shall disapprove all or any part of the Preliminary Plans, and the Preliminary Plans cannot in good faith be modified within 10 days after such disapproval to be acceptable to both Lessor and Lessee, then a) terminate this Lease upon seven (7) days' prior written notice to Tenant, in which case neither Landlord nor Tenant shall terminate upon notice thereof by one Party have further liability to the other, Lessor shall refund or (b) submit the matter to Lessee any Security Deposit or prepaid rent by Lessee, less conclusive and binding arbitration in accordance with the cost Commercial Arbitration Rules of the Preliminary Plans, legal fees American Arbitration Association. Final working drawings and other costs incurred by Lessor specifications prepared in connection accordance with this Lease, Paragraph 2 and neither Party shall thereafter have any obligation, liability or responsibility to the other Party for any reason whatsoever having to do with this Lease. The Preliminary Plans, when approved by Xxxxxx, shall supersede any prior agreement of Landlord and Tenant (or determined by arbitration as set forth above) are hereinafter referred to as the Parties concerning the Improvements"Final Plans".

Appears in 1 contract

Samples: Office Lease (Developed Technology Resource Inc)

Preliminary Plans. Within If the plans and specifications referenced in Exhibit "C" are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans," and the remainder of this Section shall be inoperative. If the plans and specifications referenced in Exhibit "C" are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval as soon as reasonably possible after execution of this First Amendment. Tenant shall approve or disapprove such drawings and specifications within ten (10) days after receipt from Landlord. Tenant shall have the Parties have mutually executed right to disapprove such drawings and delivered this Leasespecifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Lessor Landlord and Tenant shall prepare preliminary plans promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the completion of the Improvements Work within ten (“Preliminary Plans”). The Preliminary Plans 10) days, Landlord may, at Landlord's option, either (1) terminate this First Amendment upon ten (10) days prior written notice to Tenant, in which case neither Landlord nor Tenant shall itemize the work to be done by each Party, including, an estimate of the cost any work required of Lessor which is not a Standard Improvement. Lessee shall approve the Preliminary Plans and the preliminary cost estimate or specify with particularity Lessee’s objection thereto within days following delivery thereof by Xxxxxx. Xxxxxx’s failure to timely approve or disapprove the Preliminary Plans and the preliminary cost estimate shall constitute Xxxxxx’s approval thereof. If Lessee shall disapprove all or any part of the Preliminary Plans, and the Preliminary Plans cannot in good faith be modified within 10 days after such disapproval to be acceptable to both Lessor and Lessee, then this Lease shall terminate upon notice thereof by one Party have further liability to the other, Lessor shall refund or (2) submit the matter to Lessee any Security Deposit or prepaid rent by Lessee, less conclusive and binding arbitration in accordance with the cost Commercial Arbitration Rules of the Preliminary PlansAmerican Arbitration Association to determine whether Tenant properly disapproved the drawings and specifications, legal fees given the standard for disapproval specified in this Section 2. Final working drawings and other costs incurred by Lessor specifications prepared in connection accordance with this Lease, and neither Party shall thereafter have any obligation, liability or responsibility to the other Party for any reason whatsoever having to do with this Lease. The Preliminary Plans, when subsection 2(b) approved by Xxxxxx, shall supersede any prior agreement of Landlord and Tenant are hereinafter referred to as the Parties concerning the Improvements"Final Plans."

Appears in 1 contract

Samples: Lease Agreement (Lillian Vernon Corp)

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Preliminary Plans. Within If the plans and specifications referenced in Schedule 1 are final plans and specifications, such final plans and specifications are hereinafter referred to as the "Final Plans," and the remainder of this Paragraph shall be inoperative. If the plans and specifications referenced in Schedule 1 are preliminary plans, Landlord shall prepare final working drawings and outlined specifications for the Work and submit such plans and specifications to Tenant for its approval as soon as reasonably possible after execution of the Lease. Tenant shall approve or disapprove such drawings and specifications within ten (10) days after receipt from Landlord. Tenant shall have the Parties have mutually executed right to disapprove such drawings and delivered this Leasespecifications only if they materially differ from the plans and specifications attached hereto. If Tenant disapproves such drawings and specifications, Lessor Landlord and Tenant shall prepare preliminary plans promptly meet in an attempt to resolve any dispute regarding such drawings and specifications. If the parties are unable to agree upon the final working drawings and specifications for the completion of the Improvements Work within ten (“Preliminary Plans”). The Preliminary Plans shall itemize the work to be done by each Party10) days, includingLandlord may, an estimate of the cost any work required of Lessor which is not a Standard Improvement. Lessee shall approve the Preliminary Plans and the preliminary cost estimate or specify with particularity Lessee’s objection thereto within days following delivery thereof by Xxxxxx. Xxxxxx’s failure to timely approve or disapprove the Preliminary Plans and the preliminary cost estimate shall constitute Xxxxxx’s approval thereof. If Lessee shall disapprove all or any part of the Preliminary Plansat Landlord's option, and the Preliminary Plans cannot in good faith be modified within 10 days after such disapproval to be acceptable to both Lessor and Lessee, then either (1) terminate this Lease upon thirty (30) days prior written notice to Tenant, in which case neither Landlord nor Tenant shall terminate upon notice thereof by one Party have further liability to the other, Lessor shall refund or (2) submit the matter to Lessee any Security Deposit or prepaid rent by Lessee, less conclusive and binding arbitration in accordance with the cost Commercial Arbitration Rules of the Preliminary PlansAmerican Arbitration Association to determine whether Tenant properly disapproved the drawings and specifications, legal fees given the standard for disapproval specified in this Section R-2 above. Final working drawings and other costs incurred by Lessor specifications prepared in connection accordance with this Lease, Paragraph R-2 and neither Party shall thereafter have any obligation, liability or responsibility to the other Party for any reason whatsoever having to do with this Lease. The Preliminary Plans, when approved by Xxxxxx, shall supersede any prior agreement of Landlord and Tenant are hereinafter referred to as the Parties concerning the Improvements"Final Plans."

Appears in 1 contract

Samples: Industrial Real Estate Lease (Lillian Vernon Corp)

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