Preparation and Approval of Plans. 2.01. The Subtenant Work shall be performed in accordance with the provisions of this Exhibit C. Upon Subtenant’s request, Sublandlord will furnish Subtenant a copy of any building plans and any “as built” plans and drawings pertaining to the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions of the Subleased Premises. 2.02. Within ten (10) business days after Sublandlord’s receipt of the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease in connection with the Subtenant Work, and (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Work. 2.03. Subtenant shall complete the Subtenant Work in accordance with the Plans which have been approved by Sublandlord. If Subtenant desires to install or construct any Subtenant Work other than in accordance with final working and final shop drawings that Sublandlord has approved, each such proposed change must receive the prior written approval of Sublandlord (which approval shall not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord shall provide Subtenant written notice of approval or disapproval within ten (10) business days of Sublandlord’s receipt of Subtenant’s written request for approval), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawings, Subtenant, upon completion of the installation and construction of the Subtenant Work to which such change pertains, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems. 2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located within the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days after Sublandlord’s receipt of Subtenant’s request for approval), except in accordance with Plans approved in writing by Sublandlord and permitted pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants in or systems of the Building.
Appears in 1 contract
Samples: Sublease (Capitalsource Inc)
Preparation and Approval of Plans. 2.01. The Subtenant Work Landlord shall cause to be performed in accordance prepared drawings and specifications at Landlord’s sole cost but as part of the project costs for the Improvements (“Working Drawings”) that are consistent with the provisions of this Exhibit C. Upon Subtenant’s request, Sublandlord will furnish Subtenant a copy of any building plans Project Scope and any “as built” plans and drawings pertaining to the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions necessary for construction of the Subleased Premises.
2.02Improvements. Within ten (10) business days after SublandlordLandlord shall deliver the Working Drawings to Tenant for Tenant’s receipt of the Plans or other information requiring Sublandlord’s review and approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease in connection with the Subtenant Work, and (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Work.
2.03. Subtenant shall complete the Subtenant Work in accordance with the Plans which have been approved by Sublandlord. If Subtenant desires to install or construct any Subtenant Work other than in accordance with final working and final shop drawings that Sublandlord has approved, each such proposed change must receive the prior written approval of Sublandlord (which approval shall not be unreasonably withheld). For purposes of the Lease, conditioned in the event Tenant requests material modifications to the Project Scope, including material modifications to the Preliminary Plans or delayedthe Working Drawings, any such material modifications or additional work beyond the Project Scope shall be governed by Section 4 of this Exhibit B. Tenant, acting reasonably and with respect to which Sublandlord in good faith, shall provide Subtenant written notice of approval or disapproval within have ten (10) business days from Landlord’s delivery of Sublandlordthe Working Drawings to advise Landlord, in writing, as to whether or not Tenant desires any changes to the Working Drawings. If Tenant timely requests a change to the Working Drawings (“Tenant’s receipt of Subtenant’s written request for approvalObjection”), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawingsTenant shall also, Subtenant, upon completion of the installation and construction of the Subtenant Work to which within such change pertains, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems.
2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located within the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days day period, advise Landlord, with reasonable specificity and detail, of Tenant’s Objection, and provided Landlord determines and agrees that such requested change is necessary or appropriate, Landlord shall then use its reasonable efforts to incorporate such change in the Working Drawings as soon as reasonably practicable after Sublandlorddelivery of Tenant’s receipt Objection. Notwithstanding the foregoing, if changes to the Working Drawings requested by Tenant are the result of SubtenantLandlord’s request failure to implement the Project Scope, or Landlord’s failure to cause the Working Drawings to comply with Applicable Laws in effect as of the date of the Preliminary Plans, then such delay in changing the Working Drawings shall not be considered an Excused Delay. After the Working Drawings have been revised by Landlord, they shall be re-submitted to the Tenant for approval), except Tenant’s review and approval in accordance with Plans approved in writing by Sublandlord the process set forth immediately above, except that the timeframes for Tenant’s review and permitted pursuant to Article XXVI approval shall be five (5) days. Upon approval or deemed approval of the Prime LeaseWorking Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the Preliminary Plans. SublandlordThe date on which Landlord and Tenant mutually agree upon the Working Drawings shall be referred to as the “Plans Approval Date”. After the Plans Approval Date, at Subtenant’s cost and expense, Landlord shall take all reasonable actions that may not be necessary required to permit Subtenant access make any changes to the Building’s risers and telecommunications closets Working Drawings, except to the extent expressly set forth in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants in or systems of the Building.Exhibit B.
Appears in 1 contract
Samples: Industrial Building Lease (Cybex International Inc)
Preparation and Approval of Plans. 2.012.1. The Subtenant Work Tenant shall cause the Tenant Improvements to be performed constructed pursuant to the Plans, as approved by Landlord. Tenant shall not perform or permit any Tenant Improvements except in accordance with Article 8 of the Lease and the provisions of this Exhibit C. Upon Subtenant’s requestexecution of the Lease, Sublandlord Landlord will furnish Subtenant a copy Tenant’s Architect with one (1) set of any building plans and any “as as-built” plans and drawings pertaining to the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant Tenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant Tenant shall perform a field verification to independently determine the specifications and dimensions of the Subleased Premises.
2.022.2. Within Tenant, at its cost and expense, shall be responsible for delivering to Landlord the Plans, together with any underlying information in such detail as Landlord may reasonably require to evaluate and approve the Plans. Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the Plans within ten (10) business days after Sublandlordfollowing Landlord’s receipt thereof. In the event Landlord does not approve Tenant’s Plans, Tenant shall, at its cost and expense, be responsible for resubmitting revised Plans for approval, and Landlord shall provide Tenant with written notice of Landlord’s comments on or approval of the revised Plans within ten (10) business days following Landlord’s receipt thereof.
2.3. Tenant shall not have the right to make any change in the Plans approved by Landlord, except with the prior, written consent of Landlord, which consent will not be unreasonably withheld, conditioned or other information requiring Sublandlorddelayed; provided, however, that as a condition of Landlord’s approval pursuant consent, Tenant shall consent to this Exhibit Ca change in the General Contractor’s Contract which increases the price under the General Contractor’s Contract on account of such change in the Plans, Sublandlord if applicable.
2.4. After the Plans are approved, Tenant shall provide Subtenant enter into an agreement with Sublandlordthe General Contractor (the “General Contractor’s notice of approval or disapproval Contract”) for the construction of the same. Any notice of disapproval delivered by Sublandlord Tenant Improvements at Tenant’s sole cost and expense, which shall be on such terms and conditions, including but not limited to Subtenant provisions with respect to insurance requirements, as shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged be acceptable to Sublandlord or due from Sublandlord under the Prime Lease Landlord in connection with the Subtenant Work, its sole and (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Workabsolute discretion.
2.03. Subtenant shall complete the Subtenant Work in accordance with the Plans which have been approved by Sublandlord2.5. If Subtenant Tenant desires to install have installed or construct constructed any Subtenant Work Tenant Improvements other than in accordance with the final working and final shop drawings Plans that Sublandlord Landlord has approved, each such proposed change must receive the prior written approval of Sublandlord Landlord (which approval shall will not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord shall provide Subtenant written notice of approval or disapproval within ten (10) business days of Sublandlord’s receipt of Subtenant’s written request for approval), and in the event of SublandlordLandlord’s approval of any proposed change to the final working or final shop drawingsPlans, SubtenantTenant, upon completion of the installation and construction of the Subtenant Work Tenant Improvements to which such change pertains, shall furnish Sublandlord Landlord with accurate “as built” plans and drawings of such Subtenant Work Tenant Improvements as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systemsinstalled.
2.042.6. Under no circumstances will SubtenantExcept as may be otherwise expressly provided in this Exhibit C, nothing in this Exhibit C shall relieve Tenant of any obligation or duty that Tenant has under any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation provision of the BuildingLease. The Plans shall conform to the requirements of applicable building, includingplumbing, but not limited toelectrical, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systemscodes and all other requirements of any authority having jurisdiction over, Base Building maintenance systemsor with respect to, Base Building structural systems, elevators, located within any work to be done pursuant to the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent Plans. Tenant alone shall be given or withheld within ten (10) business days after Sublandlord’s receipt of Subtenant’s request responsible for approval)ensuring that all Plans, except in accordance with Plans approved in writing by Sublandlord and permitted work to be done pursuant to Article XXVI of the Prime Lease. SublandlordPlans, at Subtenant’s cost conform to all such requirements, and expensenotwithstanding that Landlord and/or its consultants may have reviewed and/or consented to any Plans and/or joined in any permit-application relating thereto, Landlord shall take all reasonable actions that may be necessary have no obligation or liability to permit Subtenant access to Tenant or any third party in the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenantevent any such Plans, or any person acting on behalf of the design, construction, installation or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion construction of any building system or component which is within the core and/or any public area of the Building and/or is common Tenant Improvements, fail to and/or serves or exists for the benefit of other Subtenants in or systems of the Buildingconform to such requirements.
Appears in 1 contract
Preparation and Approval of Plans. 2.01. The Subtenant Work shall be performed in accordance with the provisions of this Exhibit C. Upon Subtenant’s request, Sublandlord will furnish Subtenant a copy of any building plans and any “as built” plans and drawings pertaining Landlord has retained Architect to the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions of the Subleased Premises.
2.02. Within ten (10) business days after Sublandlord’s receipt of the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease design services in connection with the Subtenant Work, Building Improvements and (ii) any and all other out to perform contract administration. The fees of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) Architect in connection with the Subtenant Work.
2.03design and development of the Building Improvements shall be included in Total Project Costs. Subtenant Landlord shall complete cause Architect, in consultation with Tenant and General Contractor, to prepare Working Drawings from the Subtenant Work Preliminary Plans on or prior to the applicable milestone date specified in the Schedule. “Working Drawings” shall mean such drawings and specifications, design materials and other plans that are consistent with the Project Scope and necessary and sufficient to permit the bidding of the work to subcontractors and material suppliers and to construct the Building Improvements in accordance with the Plans which have been all applicable laws, ordinances, rules and regulations. Except as otherwise approved by SublandlordTenant in writing (which approval shall not be unreasonably withheld, delayed or conditioned by Tenant), the Working Drawings prepared by Landlord shall represent a logical design and engineering progression of, and shall be consistent in all material respects with, the Preliminary Plans. If Subtenant desires Landlord shall use commercially reasonable efforts to install deliver the Working Drawings to Tenant for Tenant’s review and approval on or construct any Subtenant Work other than prior to the milestone dated specified in accordance with final working and final shop drawings that Sublandlord has approved, each such proposed change must receive the prior written approval of Sublandlord Schedule (which approval shall not be unreasonably withheld, conditioned or delayed). For purposes of the Lease and such approval, Tenant shall not have the right to require Landlord to make material modifications to the Project Scope, including material modifications to the Preliminary Plans or the Working Drawings. Any such material modifications or additional work beyond the Project Scope shall be governed by Section 4 of this Exhibit A. Tenant, acting reasonably and with respect to which Sublandlord in good faith, shall provide Subtenant written notice of approval or disapproval within have ten (10) business days from Landlord’s delivery of Sublandlordthe Working Drawings to advise Landlord, in writing, as to whether or not Tenant accepts the Working Drawings. If Tenant fails to timely respond, Tenant shall automatically be deemed to have approved the Working Drawings. If Tenant timely requests changes to the Working Drawings (“Tenant’s receipt of Subtenant’s written request for approvalObjection”), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawingsTenant shall also, Subtenant, upon completion of the installation and construction of the Subtenant Work to which within such change pertains, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems.
2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located within the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business day period, advise Landlord, with reasonable specificity and detail, of Tenant’s Objection. If, upon receipt of any Tenant Objection, Landlord wishes to take exception thereto, Landlord may do so within five (5) business days after SublandlordLandlord’s receipt of Subtenantsuch Tenant’s request for approval)Objection. In such event, Landlord shall deliver revised Working Drawings to Tenant prior to the expiration of such five (5) business day period appropriately reflecting those matters which were approved and disapproved by Landlord, and Tenant shall grant its approval or disapproval thereto, and/or state any further objections or proposed modifications, within three (3) business days after receipt thereof. After the first submission and resubmission, Landlord and Tenant agree to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party and, in any event, Tenant shall not have the right to object to any Working Drawing or other plans and specifications prepared by Landlord unless the same represents a material departure from, and is not a logical design and engineering progression of, the Preliminary Plans or other plans previously approved by the parties. The parties shall, in all events, attempt to reach final agreement on the Working Drawings as soon as possible. Each party agrees that its failure to respond to a submission or resubmission within the above-referenced time frames shall constitute such party’s acceptance of the submission or resubmission in question, or, to the extent applicable, a delay caused by the delinquent party. Upon reaching final agreement of the Working Drawings, Landlord shall then cause Architect, in consultation with Tenant and General Contractor, to incorporate the agreed-upon changes into the Working Drawings as soon as reasonably practicable. Upon approval or deemed approval of the Working Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the portion of the Preliminary Plans related to such approved Working Drawings. The date on which Landlord and Tenant mutually agree upon the Working Drawings, or the date on which the parties are deemed to have approved them, whichever is applicable, shall be referred to as the “Plans Approval Date”. After the Plans Approval Date, Landlord shall not be required to make any changes to the Working Drawings, except to the extent expressly set forth in accordance this Exhibit A. Tenant’s review and approval of, or failure to disapprove, any plans or specifications shall not constitute a representation or warranty that such plans or specifications complies with Plans approved in writing by Sublandlord applicable Legal Requirements and permitted pursuant to Article XXVI shall not constitute a waiver of the Prime express requirements of Landlord under this Lease. Sublandlord, at Subtenant’s cost and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants in or systems of the Building.
Appears in 1 contract
Preparation and Approval of Plans. 2.01. The Subtenant Work shall be performed in accordance with the provisions of this Exhibit C. Upon SubtenantBroadSoft’s request, Sublandlord MIASI will furnish Subtenant a copy BroadSoft one (1) set of any building plans and any “as built” plans and drawings pertaining to the Subleased Sublet Premises that are in Sublandlord’s possession or control to assist Subtenant BroadSoft in preparing the Plans. Sublandlord MIASI does not warrant the accuracy of such building plans, and Sublandlord MIASI shall not have any liability to SubtenantBroadSoft, or anyone claiming through SubtenantBroadSoft, as a result of any use of such building plansplans and specifications. Subtenant BroadSoft shall perform a field verification to independently determine the specifications and dimensions of the Subleased Sublet Premises.
2.02. All Subtenant Work shall be designed and constructed in accordance with the Leasehold Improvements Standards set forth in Exhibit C-1 attached hereto. Within ten (10) business days after SublandlordMIASI’s receipt of the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit CPlans, Sublandlord MIASI shall provide Subtenant BroadSoft with SublandlordMIASI’s notice of approval or disapproval of the same. MIASI shall not unreasonably withhold its consent to the Plans; however, MIASI may withhold its consent if in its good faith judgment, Subtenant’s Work would adversely affect the structure or systems of the Building or do not comply with the Leasehold Improvements Standards. Any notice of disapproval delivered by Sublandlord MIASI to Subtenant BroadSoft shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx Promptly upon receipt of the Plans, MIASI shall manage deliver the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord Plans to the Landlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease its review and approval in connection accordance with the Subtenant WorkLease, and MIASI shall notify BroadSoft promptly upon receipt of such approval (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Workor disapproval).
2.03. Subtenant BroadSoft shall complete the Subtenant Subtenant’s Work in accordance with the Plans which that have been approved by SublandlordMIASI and the Landlord. If Subtenant BroadSoft desires to install or construct any Subtenant Work other than in accordance with final working and final shop drawings that Sublandlord has MIASI and Landlord have approved, each such proposed change must receive the prior written approval of Sublandlord MIASI and the Landlord (which approval by MIASI shall not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord MIASI shall provide Subtenant BroadSoft written notice of approval or disapproval within ten (10) business days of SublandlordMIASI’s receipt of SubtenantBroadSoft’s written request for approval), and in the event of SublandlordMIASI’s approval of any proposed change to final working or final shop drawings, SubtenantBroadSoft, upon completion of the installation and construction of the Subtenant Work to which such change pertains, shall furnish Sublandlord MIASI with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systemsinstalled.
2.04. Under no circumstances will SubtenantBroadSoft, or any person acting on behalf or for SubtenantBroadSoft, alter or modify or in any manner disturb any Base Building system or installation of the Buildinginstallation, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, or Base Building structural systems, elevators, located within systems without MIASI’s and the central core or other public areas of the Building without SublandlordLandlord’s prior written consent (which consent shall be given or withheld by MIASI within ten (10) business days after SublandlordMIASI’s receipt of SubtenantBroadSoft’s request for approval), except in accordance with Plans approved in writing by Sublandlord MIASI and permitted pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this SubleaseLandlord. Only pursuant to SublandlordMIASI’s express written permission and under direct supervision of Sublandlord MIASI or SublandlordMIASI’s authorized representative shall SubtenantBroadSoft, or any person acting on behalf of or for SubtenantBroadSoft, alter or modify or in any manner disturb any Base Building system or installation of the Building which is located wholly or partially within the Subleased Sublet Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants tenants and/or subtenants in or systems of the Building.
Appears in 1 contract
Samples: Sublease Agreement (Broadsoft Inc)
Preparation and Approval of Plans. 2.01. The Subtenant Work shall 3.1 Plan of Subdivision
(a) In respect of the Plan of Subdivision for the Subdivision Area, the Developer shall:
(i) At its own cost and expense, cause a Plan of Subdivision for the Subdivision Area to be performed prepared and approved by all necessary approving authorities and in accordance with the provisions law in that respect, and provided that it is a strict requirement of this Exhibit C. Upon Subtenant’s requestAgreement, Sublandlord will furnish Subtenant that any Plan of Subdivision must first have received approval, in writing, from the Municipality; and
(ii) At its own costs and expense, register at the Land Titles Office for the South Alberta Land Registration District a copy Plan of Subdivision for the Lands within twelve (12) months of the date of subdivision approval (unless otherwise agreed to, in writing).
(b) If the Developer fails to register a Plan of Subdivision within the time prescribed in Section 3.1 (a) (ii), then:
(i) Without limiting any other remedies, it may have, the Municipality shall be entitled, at its sole discretion, to terminate this Agreement and the Developer shall be deemed to have forfeited any and all rights under this Agreement.
(ii) The termination of this Agreement, in whole or in part, as provided in Section 3.1 (b) (i) shall be effective upon the Municipality providing written notice of termination to the Developer.
(c) No Plan of Subdivision shall be endorsed by the Municipality or permitted to be registered in respect of a Subdivision Area, nor shall the Developer Commence Construction of any building plans and any “as built” plans and drawings pertaining Municipal Improvements, within the Subdivision Area, unless the Municipality, in its sole discretion, has:
(i) Re-designated the Lands to a land use district, that the Municipality deems appropriate;
(ii) Passed amendments to the Subleased Premises Municipality’s Land Use Bylaw relating to the regulations applicable to the development within the Lands, that are in Sublandlord’s possession the Municipality deems appropriate;
(iii) Passed new statutory plans or control amendments to assist Subtenant in preparing any existing statutory plans, that the Municipality deems appropriate;
(iv) Received all necessary approvals from all other levels of government and government and local authorities respecting the proposed subdivision or development, the Municipal Improvements, or the Plans. Sublandlord does not warrant ;
(v) Received confirmation of, or otherwise confirmed, the accuracy satisfaction of such building plansall conditions contained within the applicable subdivision approval or development permit;
(vi) Confirmed that registered ownership of the lands comprising the Lands is satisfactory to the Municipality including, without restriction, confirmation that the registered owner is the Developer; and
(vii) Received all items required to be delivered to the Municipality, pursuant to the terms of this Agreement.
(d) If a Plan of Subdivision for a Subdivision Area has been registered by the Developer, and Sublandlord shall not have any liability the Developer fails to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine proceed with the specifications construction and dimensions installation of the Subleased PremisesMunicipal Improvements for the Subdivision Area within twelve (12) months of execution of this Agreement, the Developer shall, upon receiving written notice from the Municipality to do so, immediately proceed to take all steps necessary to cancel the registration of the said Plan of Subdivision, and further, the Developer, in all events, shall obtain the cancellation of the said Plan of Subdivision within three (3) months of the Municipality providing written notice to the Developer as herein provided.
2.02. Within ten (10e) business days after SublandlordThe Developer irrevocably appoints the Municipality as its agent and attorney for the purposes of making all necessary or desirable (in the Municipality’s receipt sole discretion or opinion) applications, executing all necessary or advisable (in the Municipality’s sole discretion or opinion) documents and taking all further necessary or advisable (in the Municipality’s sole discretion or opinion) steps or actions in order to obtain the cancellation of the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval registration of the same. Any notice said Plan of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process Subdivision, on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease in connection with Developer at the Subtenant Work, and (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Work.
2.03. Subtenant shall complete the Subtenant Work Developer’s cost in accordance with Section 3.1(d) of this Agreement.
(f) The power of attorney granted to the Plans which have been approved Municipality by Sublandlord. If Subtenant desires to install or construct any Subtenant Work other than the Developer in accordance with final working and final shop drawings that Sublandlord has approvedSection 3.1(e) of this Agreement may be exercised by the Municipality, each such proposed change must receive the prior written approval of Sublandlord (which approval shall not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord shall provide Subtenant written notice of approval or disapproval within ten (10) business days of Sublandlord’s receipt of Subtenant’s written request for approval), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawings, Subtenant, upon completion that the Developer has not applied for the cancellation of the installation and construction registration of the Subtenant Work Plan of Subdivision within three (3) month of the Municipality providing written notice to which such change pertainsthe Developer pursuant to Section 3.1(c) of this Agreement, or may be exercised in the event that the Developer has not obtained the cancellation of the registration of the Plan of Subdivision within three (3) months of the Municipality providing written notice to the Developer pursuant to Section 3.1(d) of this Agreement
(g) The Municipality may, at its sole discretion, extend the time limits specified in Section 3.1(d). No act or omission on the part of the Municipality, intentional or unintentional, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems.
2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation constitute a waiver of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located within Municipality’s right to exercise the central core or other public areas power of attorney conferred upon the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days after Sublandlord’s receipt of Subtenant’s request for approval), except in accordance with Plans approved in writing Municipality by Sublandlord and permitted the Developer pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost Sections 3.1(e) and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes 3.1(f) of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants in or systems of the BuildingAgreement.
Appears in 1 contract
Samples: Development Agreement
Preparation and Approval of Plans. 2.01Landlord shall cause to be prepared drawings and specifications (“Working Drawings”) that are consistent with the Project Scope and necessary for construction of the Improvements. The Subtenant Work Landlord warrants that the Working Drawings shall be performed in accordance with prepared for the provisions benefit of this Exhibit C. Upon SubtenantLandlord and Tenant by a licensed architect employed by Landlord’s request, Sublandlord will furnish Subtenant a copy of any building plans General Contractor. Landlord shall deliver the Working Drawings to Tenant for Tenant’s review and any “as built” plans and drawings pertaining to the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions of the Subleased Premises.
2.02. Within ten (10) business days after Sublandlord’s receipt of the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit C, Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for (i) any amounts charged to Sublandlord or due from Sublandlord under the Prime Lease in connection with the Subtenant Work, and (ii) any and all other out of pocket expenses incurred by Sublandlord (including, without limitation, the fees and costs of engineers, consultants, and attorneys) in connection with the Subtenant Work.
2.03. Subtenant shall complete the Subtenant Work in accordance with the Plans which have been approved by Sublandlord. If Subtenant desires to install or construct any Subtenant Work other than in accordance with final working and final shop drawings that Sublandlord has approved, each such proposed change must receive the prior written approval of Sublandlord (which approval shall not be unreasonably withheld). For purposes of the Lease, conditioned Tenant shall not have the right to require Landlord to make material modifications to the Project Scope, including material modifications to the Preliminary Plans. Any such material modifications or delayedadditional work beyond the Project Scope shall be governed by Section 4 of this Exhibit B. Tenant, acting reasonably and with respect to which Sublandlord in good faith, shall provide Subtenant written notice of approval or disapproval within have ten (10) business days from Landlord’s delivery of Sublandlordthe Working Drawings to advise Landlord, in writing, as to whether or not Tenant desires any changes to the Working Drawings because of a material deviation from the Preliminary Plans. If Tenant fails to timely respond, Tenant shall automatically be deemed to have approved the Working Drawings. If Tenant timely requests a change to the Working Drawings (“Tenant’s receipt of Subtenant’s written request for approvalObjection”), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawingsTenant shall also, Subtenant, upon completion of the installation and construction of the Subtenant Work to which within such change pertains, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems.
2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located within the central core or other public areas of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days day period, advise Landlord, with reasonable specificity and detail, of Tenant’s Objection, and provided Landlord, in its good faith reasonable discretion, determines and agrees that such requested change is necessary or appropriate, Landlord shall then use its reasonable efforts to incorporate such change in the Working Drawings as soon as reasonably practicable after Sublandlorddelivery of Tenant’s receipt Objection (without such change constituting additional work or a Change Order). Upon approval or deemed approval of Subtenant’s request for approval)the Working Drawings, those Working Drawings shall replace, be utilized and relied upon in lieu of the Preliminary Plans. The date on which Landlord and Tenant mutually agree upon the Working Drawings, or the date on which Tenant is deemed to have approved them, whichever is applicable, shall be referred to as the “Plans Approval Date”. After the Plans Approval Date, Landlord shall not be required to make any changes to the Working Drawings, except in accordance with Plans approved in writing by Sublandlord and permitted pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets extent expressly set forth in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited to, the electrical, plumbing, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common to and/or serves or exists for the benefit of other Subtenants in or systems of the Building.Exhibit B.
Appears in 1 contract
Samples: Office Facility Lease (I Trax Inc)
Preparation and Approval of Plans. 2.01. The Subtenant Work shall 3.1 Plan of Subdivision
(a) In respect of the Plan of Subdivision for the Subdivision Area, the Developer shall:
(i) At its own cost and expense, cause a Plan of Subdivision for the Subdivision Area to be performed prepared and approved by all necessary approving authorities and in accordance with the provisions law in that respect, and provided that it is a strict requirement of this Exhibit C. Upon Subtenant’s requestAgreement, Sublandlord will furnish Subtenant that any Plan of Subdivision must first have received approval, in writing, from the Municipality; and
(ii) At its own costs and expense, register at the Land Titles Office for the South Alberta Land Registration District a copy Plan of any building plans and any “as built” plans and drawings pertaining to Subdivision for the Subleased Premises that are in Sublandlord’s possession or control to assist Subtenant in preparing the Plans. Sublandlord does not warrant the accuracy of such building plans, and Sublandlord shall not have any liability to Subtenant, or anyone claiming through Subtenant, as a result of any use of such building plans. Subtenant shall perform a field verification to independently determine the specifications and dimensions Lands within twelve (12) months of the Subleased Premisesdate of subdivision approval (unless otherwise agreed to, in writing).
2.02. Within ten (10b) business days after Sublandlord’s receipt If the Developer fails to register a Plan of Subdivision within the Plans or other information requiring Sublandlord’s approval pursuant to this Exhibit Ctime prescribed in Section 3.1 (a) (ii), Sublandlord shall provide Subtenant with Sublandlord’s notice of approval or disapproval of the same. Any notice of disapproval delivered by Sublandlord to Subtenant shall set forth with reasonable particularity the reasons for such disapproval. Xxxxxx X. Xxx shall manage the construction process on behalf of Subtenant. Subtenant shall reimburse Sublandlord for then:
(i) Without limiting any amounts charged other remedies it may have, the Municipality shall be entitled, at its sole discretion, to Sublandlord or due from Sublandlord terminate this Agreement and the Developer shall be deemed to have forfeited any and all rights under the Prime Lease in connection with the Subtenant Work, and this Agreement.
(ii) The termination of this Agreement, in whole or in part, as provided in Section 3.1 (b) (i) shall be effective upon the Municipality providing written notice of termination to the Developer.
(c) No Plan of Subdivision shall be endorsed by the Municipality or permitted to be registered in respect of a Subdivision Area, nor shall the Developer Commence Construction of any and Municipal Improvements, within the Subdivision Area, unless the Municipality, in its sole discretion, has:
(i) Re-designated the Lands to a land use district, that the Municipality deems appropriate;
(ii) Passed amendments to the Municipality’s Land Use Bylaw relating to the regulations applicable to the development within the Lands, that the Municipality deems appropriate;
(iii) Passed new statutory plans or amendments to any existing statutory plans, that the Municipality deems appropriate;
(iv) Received all necessary approvals from all other out levels of pocket expenses incurred by Sublandlord government and government and local authorities respecting the proposed subdivision or development, the Municipal Improvements, or the Plans;
(v) Received confirmation of, or otherwise confirmed, the satisfaction of all conditions contained within the applicable subdivision approval or development permit;
(vi) Confirmed that registered ownership of the lands comprising the Lands is satisfactory to the Municipality including, without limitationrestriction, confirmation that the fees and costs registered owner is the Developer; and
(vii) Received all items required to be delivered to the Municipality, pursuant to the terms of engineers, consultantsthis Agreement.
(d) If a Plan of Subdivision for a Subdivision Area has been registered by the Developer, and attorneys) in connection the Developer fails to proceed with the Subtenant Work.
2.03. Subtenant shall complete the Subtenant Work in accordance with the Plans which have been approved by Sublandlord. If Subtenant desires to install or construct any Subtenant Work other than in accordance with final working construction and final shop drawings that Sublandlord has approved, each such proposed change must receive the prior written approval of Sublandlord (which approval shall not be unreasonably withheld, conditioned or delayed, and with respect to which Sublandlord shall provide Subtenant written notice of approval or disapproval within ten (10) business days of Sublandlord’s receipt of Subtenant’s written request for approval), and in the event of Sublandlord’s approval of any proposed change to final working or final shop drawings, Subtenant, upon completion of the installation and construction of the Subtenant Work to which such change pertains, shall furnish Sublandlord with accurate “as built” plans and drawings of such Subtenant Work as constructed and/or installed if Subtenant has made alterations to, or installed new, walls, ductwork, electrical lines or systems, or plumbing lines or systems.
2.04. Under no circumstances will Subtenant, or any person acting on behalf or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building, including, but not limited to, Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and life safety systems, Base Building maintenance systems, Base Building structural systems, elevators, located Municipal Improvements for the Subdivision Area within the central core or other public areas twelve (12) months of the Building without Sublandlord’s prior written consent (which consent shall be given or withheld within ten (10) business days after Sublandlord’s receipt execution of Subtenant’s request for approval), except in accordance with Plans approved in writing by Sublandlord and permitted pursuant to Article XXVI of the Prime Lease. Sublandlord, at Subtenant’s cost and expense, shall take all reasonable actions that may be necessary to permit Subtenant access to the Building’s risers and telecommunications closets in order for Subtenant to install the information technology systems permitted pursuant to this Sublease. Only pursuant to Sublandlord’s express written permission and under direct supervision of Sublandlord or Sublandlord’s authorized representative shall Subtenant, or any person acting on behalf of or for Subtenant, alter or modify or in any manner disturb any system or installation of the Building which is located wholly or partially within the Subleased Premises, including, but not limited toAgreement, the electricalDeveloper shall, plumbingupon receiving written notice from the Municipality to do so, heating, ventilating, and air conditioning systems, and fire protection and life safety systems. For the purposes of this Section 2.04, “Base Building” shall mean that portion of any building system or component which is within the core and/or any public area of the Building and/or is common immediately proceed to and/or serves or exists for the benefit of other Subtenants in or systems of the Building.take
Appears in 1 contract
Samples: Development Agreement
