Preparation of Plans and Specifications. A. Within thirty (30) days after execution of this Lease, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria. B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center. C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation: 1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord. 2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components. 3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof. 4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements. 5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B". 6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection. 7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises. D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above. E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided. F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies: 1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and 2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and 3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within thirty (30a) days after execution of this Lease, Landlord will prepare Tenant shall cause the Plans and forward Specifications to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, be prepared by licensed architects and engineers approved Architect, in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and coordination with Landlord's Design Criteriaarchitect, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance AssociationBurgess Design, and submittex xx Xxndlord or on before the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7Plan Submittal Date set forth in Paragraph 6 below. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to provide Landlord prior to occupancy by Tenant with at least two (2) complete sets of the Demised Premises.
D. Within ten (10) days after Plans and Specifications. Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from Business Days after receiving the date of Plans and Specifications to approve the Plans and Specifications or provide Tenant with its comments. If Landlord fails to approve the Plans and Specifications or provide Tenant with its comments within such notice of disapproval by ten (10) Business Day period, Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, approved the Plans and Specifications. Tenant shall then have five (5) Business Days after receiving Landlord's comments to revise and resubmit the Plans and Specifications to Landlord. Landlord shall have five (5) Business Days after receiving the revised Plans and Specifications to either approve or disapprove the revised Plans and Specifications. The process outlined in the preceding two sentences shall be repeated until Landlord and Tenant have mutually agreed on the datePlans and Specifications. The final approved Plans and Specifications must be in compliance with applicable building codes and with insurance regulations for fire resistant Class A buildings. Tenant agrees and understands that Landlord's review and approval of the Plans and Specifications pursuant to this Workletter is solely to protect the interest of Landlord, and Landlord shall not be the guarantor of nor responsible for the correctness of the Plans and Specifications, or responsible for the compliance of the Plans and Specifications with applicable laws.
(b) Tenant shall cause the Plans and Specifications to be therein specified, when prepared in a form satisfactory for submittal to the same would have commenced if appropriate governmental authorities for permits and licenses required for construction of the Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Improvements. Landlord shall be entitled provide Tenant and/or Architect with such information regarding the Building (including plans for the Building) as Tenant and/or Architect may reasonably request. Upon completion of the Work, Tenant shall cause Architect to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. provide Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over final Plans and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by TenantSpecifications on a "CAD" disc.
Appears in 1 contract
Samples: Office Lease (Pacifica Bancorp Inc)
Preparation of Plans and Specifications. A. Within thirty (30) days after execution of this Lease, Landlord will prepare and forward to 2.1 Tenant a preliminary plan of shall cause the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of for the Demised Premises conforming Tenant Improvements (the “Plans and Specifications”) to Landlord's Design Criteria, be prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed an architect selected by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed approved by Landlord in (the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted “Architect”) (Landlord hereby approves Xxxxxx X. Xxxxxxx Architects if such entity is selected by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanicalTenant), plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord. Landlord prior to occupancy shall approve or disapprove the Plans and Specifications by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' providing written notice to Tenant, specifying any changes or modifications Landlord desires in addition the Plans and Specifications . Landlord shall not require Tenant to convert the HVAC controls serving the Initial Premises (or any right or remedy may have at subsequent space occupied by Tenant) to DDC; provided, however, that in the event any such conversion is required by law or in equityotherwise, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is Tenant, not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled liable for the cost and performance thereof Landlord shall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same are approved, or, if the Final Working Drawings are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to be paid which items are not satisfactory or complete and the rent reason(s) therefor. If Tenant is so advised, Tenant shall draft Plans and Specifications in accordance with such review and any other charges which are payable hereunder by Tenant during disapproval of Landlord in connection therewith, and Landlord shall approve or disapprove the Lease termresubmitted Plans and Specifications, including, but not limited to, based upon the sums criteria set forth in this Section 1.02 hereof; and
23.3, within five (5) Business Days after Landlord receives such resubmitted Plans and Specifications. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord The scope of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any Landlord’s review of the foregoing remedies set forth revised Plans and Specifications will be limited to Tenant’s correction of the items noted in Section VII.F.I. and VII.F.2Landlord’s initial notice of disapproval. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.The process outlined in the
Appears in 1 contract
Samples: Office Lease (Stitch Fix, Inc.)
Preparation of Plans and Specifications. A. Within thirty On or before August 31, 1996, Tenant shall submit a preliminary space plan for the construction of tenant improvements to the Premises (30to be prepared at Tenant's expense) to Landlord for Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed (and which Landlord will, in all events, either approve or comment upon within three (3) days after execution of this Leasereceipt). Immediately thereafter, Landlord will Tenant shall cause its architect and engineer to prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shallarchitectural plans, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection electrical and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit plumbing ("BMEP".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible ) drawings for the preparation of all plans Premises, at Tenant's sole expense. Landlord shall coordinate with Tenant's architect during such period to provide any building engineering information necessary for Tenant's Architect to prepare mechanical, electrical and drawings and shall submit such plumbing ("MEP") drawings. Said plans, drawings and specifications MEPs shall be submitted to Landlord in form sufficient for the appropriate governing authority for approvalpermitting and construction of the Premises, and are hereinafter referred to as the "Drawings and Specifications". Tenant shall be responsible for all permits, feesdeliver the completed Drawings and Specifications to Landlord promptly after completion, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord in all events prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plansNovember 1, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor1996. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord fails to submit revised provide Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, architect with any information necessary for Tenant's architect to complete the Demised Premises in accordance with said approved plans Drawings and specificationsSpecifications, and such contractor and subcontractors Tenant or Tenant's Architect shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to notify Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's worksuch missing information, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled obligated to be paid the rent and provide any other charges such information which are payable hereunder is reasonably requested by Tenant during at Landlord's expense, as expeditiously as possible. In connection with such requirement, (i) Tenant's architect shall be obligated to inform Landlord promptly of any information which it reasonably requires which has not already been made available to it by Landlord, and (ii) Landlord shall have the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant right to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance provide such information with the terms caveat that the same must be verified in the field prior to the preparation of this Lease over Drawings and above what would have been Specifications integrating the items reflected by such cost had there been no information within Tenant's Work, in which event Landlord will promptly cause its architect to conduct such failurefield verification, omission and Tenant's architect may rely on the information supplied with such caveat prior to such field verification at its sole risk. Further, to the extent Tenant suffers any delays to the Critical Path due to its inability to obtain such information despite its due diligence, or delay; and
3. In exercising any of due to inaccuracies within such information, and provided the foregoing remedies set forth in Section VII.F.I. and VII.F.2. abovenotification provision has been complied with, such delay shall constitute a Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by TenantDelay for all purposes hereof.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within thirty (30a) days after execution Promptly following the date of this Lease, Landlord will prepare Tenant shall cause construction drawings for the Tenant Work (“Construction Drawings”) consistent with the Space Plan to be completed and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit submitted to Landlord for approval complete architectural review and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Centerapproval.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. (b) Within ten (10) days Business Days after Landlord receives Tenant's initial set receipt of plansany Construction Drawings, Landlord will review shall return such Construction Drawings to Tenant with its objections, suggested modifications and/or approval (which suggested objections and return suggested modifications are herein referred to as “Landlord Modifications”). Unless Tenant has an objection to any Landlord Modifications, said Construction Drawings shall thereafter be revised by Tenant to reflect the applicable changes. If, upon receipt of any Landlord Modifications, Tenant wishes to take exception thereto, Tenant may do so within ten (10) Business Days after Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event ’s receipt of such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons thereforModifications. In the event Landlord gives Tenant notice of disapproval together with the reasons thereforsuch event, Tenant shall confer with Landlord prior to the expiration of such ten (10) Business Day period to resolve all matters with which Tenant was not in agreement. Landlord and ACTIVE/91437610.6 Tenant, in good faith, agree to resolve outstanding issues within such ten (10) Business Days, and Tenant thereafter will as soon as reasonably practicable revise the Construction Drawings to reflect such final agreement. After the first submission and resubmission, Landlord and Tenant agree (i) to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party, (ii) to deliver revised submissions or objections within ten (10) days from following receipt, and (iii) to confer regularly in a good faith effort to resolve all matters in dispute expeditiously. The parties shall, in all events, attempt to reach final agreement on the date Construction 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 such notice of disapproval the submission or resubmission in question, or, to the extent applicable, a delay caused by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth abovedelinquent party.
E. Upon completion and written (c) Promptly upon final approval by Landlord of final plans and specificationsthe Construction Documents, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specificationssubmit an application for, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's workdiligently pursue issuance of, Landlord, after twenty a building permit (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by approvals required) for the Tenant during Work. Landlord, at no cost, shall reasonably assist Tenant in the Lease termprocurement of its building permit including signing any typical permit processing documents. Tenant shall provide Landlord with copies of all written comments, includingresponses, but not limited toapprovals, disapprovals and/or other correspondence received from all applicable governmental authorities in connection with such application, and shall otherwise keep Landlord informed regarding the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord processing of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant’s building permit application.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within thirty The Plans and Specifications for the development of the Property and the construction of the Improvements shall be developed by Landlord and Tenant in a collaborative effort conducted as follows:
(30a) days after As used in this Lease, the term *Plans and Specifications" shall mean collectively the "Preliminary Plans and Specifications,* the "Schematic Design Drawings," the "Design Development Drawings", the "Construction Drawings" (all as defined herein), and all related plans, drawings, specifications and notes developed or prepared in connection therewith.
(b) Landlord and Tenant have agreed on a set of preliminary plans and specifications for the Improvements dated as of April 9, 1997, which (i) describe and depict the site plan and interior floor plan configuration for the Buildings and certain preliminary exterior elevations Improvements, and 00 outline the specifications for the interior and exterior -components of the Buildings. These preliminary plans and specifications (the "PRELIMINARY PLANS AND SPECIFICATIONS") are attached to this Lease as Exhibit "B" and Landlord and Tenant intend that they shall serve as the basis upon which the Plans and Specifications will be prepared and finalized, in accordance with the provisions of this Section 2.2.
(c) Prior to the execution of this Lease, Landlord will prepare and forward Tenant have agreed on schematic design drawings for the Improvements for the Improvements ("SCHEMATIC DESIGN DRAWINGS").
(d) As soon as is reasonably possible following execution of this Lease, but in no event later than May 2, 1997, Landlord shall submit to Tenant a reasonably detailed preliminary plan construction drawings for the Improvements ("Design Development Drawings") which have been prepared in substantial conformance with the Schematic Design Drawings. Within ton (10) business days after Tenant receives the Design Development Drawings, Tenant shall deliver to Landlord written notice of Tenant's approval or disapproval of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7Development Drawings. Tenant shall not unreasonably withhold its approval of the Design Development Drawings. If Tenant disapproves any portion of the Design Development Drawings, then Tenant shall specifically and in writing (a) approve those portions which are acceptable to Tenant and (b) disapprove those portions which are not acceptable to Tenant, specifying the reasons for such disapproval and describing in detail the change Tenant requests for each item disapproved. The failure of Tenant to disapprove the Design Development Drawings within the specified time shall be responsible deemed approval thereof. In the event the Design Development Drawings have-not been fully approved by Tenant, and Tenant and Landlord are unable to resolve the basis for Tenant's disapproval after good faith efforts to do so over a period of five (5) business days after delivery of Tenant's notice disapproving the Design Development Drawings, Landlord shall have the right to terminate this Lease by giving Tenant written notice of its election to do so.
(e) As soon as is reasonably possible following approval of the Design Development Drawings, but in no event later than June 13, 1997 (as extended by any number of days more than ten (10) business days following Landlord's delivery of the Design Development Drawings to Tenant when the Design Development Drawings are approved by Tenant), Landlord shall submit to Tenant 1/8 or 1/16 scale construction drawings for the preparation of Improvements ("Construction Drawings") which have been prepared in substantial conformance with the approved Design Development Drawings. These Construction Drawings shall include all plans and drawings and shall submit such plans, drawings and specifications information reasonably necessary to construct the appropriate governing authority for approvalImprovements. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) business days after Tenant receives the Construction Drawings, Tenant shall deliver to Landlord receives written notice of Tenant's initial set approval or disapproval of plansthe Construction Drawings. Tenant shall not unreasonably withhold its approval of the Construction Drawings. If Tenant disapproves any portion of the Construction Drawings, Landlord will review then Tenant shall specifically and return in writing (a) approve those portions which are acceptable to Tenant and (b) disapprove those portions which are not acceptable to Tenant, Tenant's plans specifying the reasons for such disapproval and specifications either marked approved or marked describing in detail the change Tenant requests for each item disapproved. The failure of Tenant to show disapprove the corrections required (in which event such marked-up plans Construction Drawings within the specified time shall be deemed approvedapproval thereof. In the event the Construction Drawings have not been fully approved by Tenant, as marked up)and Tenant and Landlord are unable to resolve the basis for Tenant's disapproval after good faith efforts to do so over a period of five (5) business days after delivery of Tenant's notice disapproving the Construction Drawings, or Landlord will give shall have the right to terminate this Lease by giving Tenant written notice of its election to do so.
(f) Upon approval of the Construction Drawings, the Plans and Specifications shall be deemed approved by Landlord and Tenant and shall, thereafter, be the Plans and Specifications for the construction of the Improvements. Any delay in Landlord obtaining the Building Permit beyond August 6, 1997, which results from a delay in Tenant's approval of the Plans and Specifications (other than because of Landlord's failure to meet its obligations under Section 2.2(d) and (e)) shall be a Tenant-Caused Delay.
(g) In the event Landlord and Tenant are unable to resolve Tenant's disapproval of Tenant's plans together a phase of the development of the Plans and Specifications under subsections (d) or (e), above (a "DESIGN DISPUTE"), they shall resolve those differences through the binding arbitration of a neutral third-party in accordance with the reasons thereforfollowing procedure: Landlord and Tenant shall immediately meet to make a good faith attempt to mutually appoint a single party who shall be a licensed architect ("ARBITRATING ARCHITECT"), with not less than ten (10) years experience in commercial and industrial architecture and who is not employed or otherwise previously affiliated with either party, to arbitrate their differences and resolve the Design Dispute. If Landlord and Tenant are unable to agree upon a single Arbitrating Architect, then each shall, within two (2) business days after the meeting, select an architect that meets the foregoing qualifications. The two (2) architects so appointed shall, within two (2) business days after their appointment, appoint a third architect meeting the foregoing qualifications who shall serve as the Arbitrating Architect. If the two (2) architects so selected cannot agree on the selection of the Arbitrating Architect within the time above specified, then either party, on behalf of both parties, may request the appointment of the Arbitrating Architect to the Presiding Judge of the San Diego County Superior Court. The procedures for arbitrating and resolving the Design Dispute shall be established by the Arbitrating Architect, provided, however, that the parties agree to the use of the rules of the American Arbitration Association regarding resolution of commercial disputes. The determination of the Arbitrating Architect shall be limited solely to the issue of the Design Dispute and shall be made within ten (10) business days of its submission by the parties for arbitration. The decision of the Arbitrating Architect shall be binding on both parties. The costs of the arbitration, including, without limitation, attorneys' fees and costs, witness fees, expert witness fees, and costs of the arbitration proceeding shall be awarded as determined to be reasonable by the Arbitrating Architect. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans judicial enforcement or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's workconfirmation proceeding relating to an arbitration award, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord prevailing party shall be entitled to be paid recover from the rent other party all related costs, including attorneys' fees and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenantcosts.
Appears in 1 contract
Samples: Lease (Radyne Corp)
Preparation of Plans and Specifications. A. Within thirty (30a) days after execution of this Lease, Landlord will prepare Landlord's architect shall submit the proposed final plans and forward specifications referred to in Section 1 hereof to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty twenty (3020) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6lease. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) days business days(1) after Landlord receives actual receipt by Tenant's initial set Representative (as hereinafter defined) or his designee of plansthe Plans and Specifications submitted by Landlord, Tenant shall review same and advise Landlord will review and return to Tenant, Tenant's of any aspect of the submitted plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together do not comply with the reasons therefor. In the event Preliminary Plans and Specifications described on Exhibit "B-1." If Tenant does not so advise Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have within such ten (10) days from the date of day period, Tenant shall be deemed to have approved such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final submitted plans and specifications, subject only to the coordination of such part of the plans and specifications with portions thereof yet to be completed. Promptly following delivery by Tenant shall employ reputable and licensed contractor and subcontractors, to complete Landlord of its comments on the Demised Premises in accordance with said approved submitted plans and specifications, the parties shall agree on and such contractor initial the final plans and subcontractors shall commence work as specification (which final plans and specifications are hereinafter providedcalled "Plans and Specifications").
F. If Tenant fails or omits to make timely submission to Landlord (b) After the Plans and Specifications are approved, in the event of any discrepancy between the shop drawings (which conform to the Plans and Specifications) or the plans on the one hand and the specifications on the other, or in the event that any provision in the specifications shall not be reflected in such shop drawings or the plans, or vice versa, Tenant's Representative shall decide whether the specifications on the one hand or the plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing such shop drawings on the other shall govern. In the absence of a decision by Tenant's workRepresentative, Landlord, after twenty the specifications shall govern and control with respect to the obligations of Landlord hereunder.
(20c) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more In the event the Plans and Specifications do not specifically define the quality of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, equipment to be therein specifiedinstalled or material to be used, when Tenant's Representative shall approve such items before they are incorporated in Landlord's work. If Landlord proposes to substitute equipment or materials other than called for by the same would have commenced Plans and Specifications, Tenant's Representative must approve same, and if an aggregate reduction of Landlord's cost is achieved, Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall at its option be entitled to be paid the a credit on its rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises (in accordance with the terms of Section 10(b)
(1) As used in this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord Exhibit "B," a "day" shall be entitled to retain deemed a calendar day and have recourse to any bond a "business day" shall be a day in which the location where Tenant's Plant Design and Construction Division is situated is open for a full day. hereof), or security deposit provided by Tenanta credit against its Change Orders, for the difference between the value of that specified and that substituted.
Appears in 1 contract
Samples: Sublease (Select Comfort Corp)
Preparation of Plans and Specifications. A. Within thirty Landlord and Tenant have reached agreement on a basic design plan and approved finishes for the buildout of leasehold improvements within the Premises (30the “Approved Design Plan”) a copy of which is attached as Schedule C-1 hereto and made a part hereof. To the extent not included within the Approved Design Plan, Tenant shall, within five (5) days after the execution of this Lease, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord all additional information (the “Plans Information”) needed in order for approval Landlord’s architects, engineers and/or other construction personnel (“Landlord’s Architect”) to prepare architectural plans, drawings and finishes for the Premises based upon the Approved Design Plan. The “Plans Information” shall include, without limitation, (a) a complete architectural list in tabular form of the Tenant’s special equipment, including the quantities and engineering plans locations of the following: personal and other computers and office equipment, continuously operating electric motors, copiers, any exhaust requirements indicating circuits and/or “clean” power, grounding requirements, and any future load that Tenant requires or anticipates requiring (and, in addition to quantities and locations, Tenant shall provide the name, manufacturer, model number, voltage, phase, full load amperage, xxxxx or horsepower, heat output in BTU plumbing connection requirements, and any special operating temperature and humidity requirements and any other special requirements for any other special equipment), (b) a designation of any areas of high density occupancy, twenty-four hour cooling requirements, and any special light switching requirements, (c) a designation of the locations of and specifications of the Demised Premises conforming for all MEP equipment to be installed in all spaces, all partitions, doors, lighting fixtures, electric receptacles and switches, telephone outlets, and special air conditioning and other improvements to be installed by Landlord's Design Criteria, prepared by licensed architects and engineers approved (d) any other information reasonably requested in writing by Landlord’s architect. Concurrently with delivery of the Plans Information to Landlord, describing all work which under this Lease is Tenant shall by written notice to Landlord designate a single individual (who may be performed changed by Tenant at any time upon giving. Landlord prior written notice thereof) who Tenant agrees shall be available to meet and showing in sufficient detail consult with Landlord at the location of all utilities, partitions, store fronts and any other Premises as Tenant’s Representative (“Tenant’s Representative) respecting the matters which may affect are the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements subject of this Exhibit "B".
6. Specify materials C and equipment who shall have the power to avoidlegally bind Tenant with respect to notices from Tenant to Landlord making requests for and approving changes, wherever possiblegiving approval of plans or work, any exclusive manufacturer's designation or giving directions to Landlord under this Exhibit C. If Tenant fails to provide all necessary Plans Information, Landlord or Landlord’s Architect shall so notify Tenant, and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten within three (103) days after Landlord receives Tenant's initial set notification. Any period of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided delay caused by Tenant’s failure to provide all the Plans Information when required above shall constitute a “Tenant Delay” hereunder.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within (a) On or before thirty (30) days from the execution hereof, Tenant shall cause construction drawings for the TI Work ("Construction Drawings") consistent with the Space Plan to be completed. Tenant agrees that it shall engage BER, Inc. as its MEP engineer for the TI Work.
(b) Within ten (10) business days after execution receipt of this Leaseany Construction Drawings, Landlord will prepare and forward shall return such Construction Drawings to Tenant with its objections, suggested modifications and/or approval (which suggested objections and suggested modifications are herein referred as "Landlord Modifications"). Unless Tenant has an objection to any Landlord Modifications, said Construction Drawings shall thereafter be revised by Tenant to reflect the applicable changes. If, upon receipt of any Landlord Modifications, Tenant wishes to take exception thereto, Tenant may do so within five (5) business days after Tenant's receipt of such Landlord Modifications. In such event, Tenant shall deliver revised Construction Drawings to Landlord prior to the expiration of such five (5) Business Day period reflecting all matters with which Tenant was in agreement, and identifying all matters with which Tenant was not in agreement with reasonable specificity. Landlord shall grant its approval or disapproval thereto, and/or state any further objections or proposed modifications, within ten (10) business days after receipt thereof. After the first submission and resubmission, Landlord and Tenant agree (i) to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party, (ii) to deliver revised submissions or objections within a preliminary plan ten (10) Business Day period, and (iii) to confer regularly in a good faith effort to resolve all matters in dispute expeditiously. The parties shall, in all events, attempt to reach final agreement on the Construction 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 Demised Premises and Landlord's Design Criteriasubmission or resubmission in question, or, to the extent applicable, a delay caused by the delinquent party.
B. (c) Within five (5) days after Construction Document Approval and after consultation with Landlord, Tenant shallshall submit an application for, and diligently pursue, issuance of a building permit (and any other approvals required) for the TI Work. Tenant shall provide Landlord with copies of all written comments, responses, approvals, disapprovals and/or other correspondence received from all applicable governmental authorities in connection with such application, and shall otherwise keep Landlord informed regarding the processing of Tenant's building permit application. In the event Tenant is unable to obtain the building permit within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons application therefor, Tenant shall have ten authorize Landlord to diligently pursue the issuance of the building permit at Tenant's sole and reasonable cost and expense, which Landlord shall use diligent efforts to obtain within ninety (1090) days from the date of after such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth aboveTenant authorization.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.
Appears in 1 contract
Samples: Lease Agreement (TechTarget Inc)
Preparation of Plans and Specifications. A. Landlord and Tenant on a preliminary space plan for the construction of initial leasehold improvements to the Premises (the "Space Plan"), a copy of which is attached as Schedule C-1 hereto and made a part hereof. (The Space Plan includes related specifications for interior tenant finishes, to the extent same deviate from Building standard.) With respect to such initial leasehold improvements, within ten (10) days after the execution of this Lease, Tenant shall submit to Landlord all information (the "Plans Information") needed in order for Landlord's architects, engineers and/or other construction personnel ("Landlord's Architect") to prepare architectural plans, construction drawings and finishes for the Premises, consistent with the Space Plan. Landlord shall provide all Building systems information necessary for Landlord's Architect to prepare mechanical, electrical and plumbing ("MEP") drawings. Within thirty (30) days of receipt of all information required from Tenant, Landlord's Architect shall prepare the architectural plans, construction drawings and finishes, and the MEP's, for the Premises, as required for the permitting and construction of the Premises ("Plans and Specifications"). Landlord shall deliver the completed Plans and Specifications to Tenant promptly after execution of this Leasecompletion. If Tenant fails to provide all necessary Plans Information, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and or Landlord's Design Criteria.
B. Architect shall notify Tenant shallof any such missing information, and Tenant shall deliver same to Landlord within five (5) days after such notification. Any period of delay caused by Tenant's failure to provide all the Plans Information when required above shall toll the aforementioned thirty (30) days after the receipt by day period until Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Associationdelivers such information, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so shall constitute a "Tenant Delay" (as to comply with all of the requirements defined in paragraph 9 of this Exhibit "B"C, below) hereunder.
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.
Appears in 1 contract
Samples: Deed of Lease (Interliant Inc)
Preparation of Plans and Specifications. A. Within thirty (30) days after execution of this Lease, Landlord will prepare and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days 20 Business Days after the receipt by Tenant of applicable Governmental Authorities have approved the aforesaid preliminary plan or Site Plan, the Lease execution dateCentury Boulevard CPAP, submit to Landlord the SWM/BMP CPAP Facility, if applicable, and the Lot Creation Document, Purchaser shall prepare plans, specifications and working drawings (collectively, the “Building Plans”) for approval complete architectural and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, Phase 1 Building. The Building Plans shall be prepared by licensed Xxxxxxxxx Xxxxxx or another firm of architects selected by Purchaser and engineers approved by Seller. The Building Plans are sometimes referred to in writing by Landlordthis Agreement as the “Construction Plans.” The Construction Plans shall be prepared in conformity with the Approved Concept Development Plan and the approved Site Plan, describing shall comply with all work which under this Lease is to applicable Legal Requirements and shall be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted by Tenant qualify for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant submission to the utilities and systems installed by Landlord.
2applicable Governmental Authorities for a building permit. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, Purchaser shall deliver a copy of its proposed Construction Plans to Seller within 20 Business Days after the date on which the Site Plan is incorporated herein approved by reference and made part hereof.
4the applicable Governmental Authorities so that Seller may determine whether the Construction Plans conform to the Approved Concept Development Plan. Comply Seller shall not unreasonably withhold, delay or condition its approval of the Purchaser’s proposed Construction Plans, provided they are prepared in conformity with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating Approved Concept Development Plan and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to otherwise comply with all of the requirements of this Exhibit "B".
6Section 8(f). Specify materials If Seller determines that the proposed Construction Plans do not conform to the Approved Concept Development Plan or the other requirements of this Section 8(f), Seller shall so notify Purchaser, specifying in what respects the proposed Construction Plans do not so conform, and equipment Purchaser shall revise the Construction Plans to avoidso conform it and shall resubmit the revised Constructions Plans to Seller for review for that purpose. Purchaser and Seller shall act in good faith with diligence and continuity in preparing, wherever possiblereviewing and, any exclusive manufacturer's designation and to permit a maximum range if necessary, revising the Construction Plans. The initial review by Seller of selection.
7. Tenant the proposed Construction Plans shall be responsible for the preparation completed within 10 Business Days after they are submitted by Purchaser and any subsequent review by Seller of all plans any revisions thereto shall be completed within 10 Business Days after Purchaser’s submission of such revision. In case of resubmissions or revisions, Seller may not disapprove any matter previously submitted and drawings and shall submit such plansapproved by Seller, drawings and specifications except to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked extent that such resubmission or revision affects any matter previously approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved. If Seller does not notify Purchaser of its determination within 10-Business Day period, as marked up)the case may be, or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant Seller shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on determined that the date, proposed Construction Plans or any revision thereof conform to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by TenantApproved Concept Development Plan.
Appears in 1 contract
Samples: Purchase Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Preparation of Plans and Specifications. A. (a) Within thirty the twenty-four (3024) days after execution of this Leasemonth period immediately following the Commencement Date, Landlord will prepare Tenant shall cause construction drawings for the Tenant Work (“Construction Drawings”) to be completed and forward to Tenant a preliminary plan of the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit submitted to Landlord for approval complete architectural review and engineering plans and specifications of the Demised Premises conforming to Landlord's Design Criteria, prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed by Landlord in the Demised Premises and in the Shopping Centerapproval.
C. The plans and specifications submitted by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanical, plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord prior to occupancy by Tenant of the Demised Premises.
D. (b) Within ten (10) days Business Days after Landlord receives Tenant's initial set receipt of plansany Construction Drawings, Landlord will review shall return such Construction Drawings to Tenant with its objections, suggested modifications and/or approval (which suggested objections and return suggested modifications are herein referred to as “Landlord Modifications”). Unless Tenant has an objection to any Landlord Modifications, said Construction Drawings shall thereafter be revised by Tenant to reflect the applicable changes. If, upon receipt of any Landlord Modifications, Tenant wishes to take exception thereto, Tenant may do so within ten (10) Business Days after Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event ’s receipt of such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons thereforModifications. In the event Landlord gives Tenant notice of disapproval together with the reasons thereforsuch event, Tenant shall confer with Landlord prior to the expiration of such ten (10) Business Day period to resolve all matters with which Tenant was not in agreement. Landlord and Tenant, in good faith, agree to resolve outstanding issues within such ten (10) Business Days, and Tenant thereafter will as soon as reasonably practicable revise the Construction Drawings to reflect such final agreement. After the first submission and resubmission, Landlord and Tenant agree (i) to restrict further objections or disputes to matters which have not previously been agreed upon or accepted by the other party, (ii) to deliver revised submissions or objections within ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specificationsfollowing receipt, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' written notice to Tenant, in addition to any right or remedy may have at law or in equity, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled to be paid the rent and any other charges which are payable hereunder by Tenant during the Lease term, including, but not limited to, the sums set forth in Section 1.02 hereof; and
2. Landlord may require Tenant to pay to Landlord as additional rent hereunder the cost to Landlord of completing the Demised Premises in accordance with the terms of this Lease over and above what would have been such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by Tenant.
Appears in 1 contract
Preparation of Plans and Specifications. A. Within thirty (30) days after execution of this Lease, Landlord will prepare and forward to 2.1 Tenant a preliminary plan of shall cause the Demised Premises and Landlord's Design Criteria.
B. Tenant shall, within thirty (30) days after the receipt by Tenant of the aforesaid preliminary plan or the Lease execution date, submit to Landlord for approval complete architectural and engineering plans and specifications of for the Demised Premises conforming Tenant Alterations (the “Plans and Specifications”) to Landlord's Design Criteria, be prepared by licensed architects and engineers approved in writing by Landlord, describing all work which under this Lease is to be performed an architect selected by Tenant and showing in sufficient detail the location of all utilities, partitions, store fronts and any other matters which may affect the construction work to be performed approved by Landlord in (the Demised Premises and in the Shopping Center.
C. The plans and specifications submitted “Architect”) (Landlord hereby approves Xxxxxx X. Xxxxxxx Architects if such entity is selected by Tenant for Landlord's approval shall without limitation:
1. Include detailed drawings and specifications of all mechanicalTenant), plumbing, fire protection and electrical installations which shall be connected by Tenant to the utilities and systems installed by Landlord.
2. Show in complete detail all items which will affect the appearance of the building and its architectural, structural, mechanical and electrical components.
3. Comply with all applicable laws, codes, rules and regulations and with Landlord's Design Criteria, a copy of which is incorporated herein by reference and made part hereof.
4. Comply with the applicable standards of the American Insurance Association, the National Electrical Code, the American Gas Association, the American Society of Heating and Air-Conditioning Engineers, the National or State Board of Fire Underwriters, Insurance Service Office and Factory Mutual Insurance Association, and the governing building, plumbing, fire and electrical underwriter requirements.
5. Include suitable instructions and provisions so as to comply with all of the requirements of this Exhibit "B".
6. Specify materials and equipment to avoid, wherever possible, any exclusive manufacturer's designation and to permit a maximum range of selection.
7. Tenant shall be responsible for the preparation of all plans and drawings and shall submit such plans, drawings and specifications to the appropriate governing authority for approval. Tenant shall be responsible for all permits, fees, and inspections and shall apply for and obtain a Certificate of Occupancy and deliver same to Landlord. Landlord prior to occupancy shall approve or disapprove the Plans and Specifications by Tenant of the Demised Premises.
D. Within ten (10) days after Landlord receives Tenant's initial set of plans, Landlord will review and return to Tenant, Tenant's plans and specifications either marked approved or marked to show the corrections required (in which event such marked-up plans shall be deemed approved, as marked up), or Landlord will give Tenant written notice of disapproval of Tenant's plans together with the reasons therefor. In the event Landlord gives Tenant notice of disapproval together with the reasons therefor, Tenant shall have ten (10) days from the date of such notice of disapproval by Landlord to submit revised Tenant's plans subject to subsequent mark-ups and/or disapprovals and corrections in the manner sxx xorth above.
E. Upon completion and written approval by Landlord of final plans and specifications, Tenant shall employ reputable and licensed contractor and subcontractors, to complete the Demised Premises in accordance with said approved plans and specifications, and such contractor and subcontractors shall commence work as hereinafter provided.
F. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or delays in submitting or supplying information or in giving authorizations or in performing or completing Tenant's work, Landlord, after twenty (20) days' providing written notice to Tenant, specifying any changes or modifications Landlord desires in addition the Plans and Specifications. Landlord shall not require Tenant to convert the HVAC controls serving the Expansion Space to DDC; provided, however, that in the event any right or remedy may have at such conversion is required by law or in equityotherwise, may pursue any one or more of the following remedies:
1. Landlord may give written notice to Tenant (notwithstanding that such notice is Tenant, not otherwise required hereunder) that the Lease term will be deemed to have commenced, on the date, to be therein specified, when the same would have commenced if Tenant had made timely submission or supply of plans, specification, estimates or other information or approval of any thereof and on and after the date so specified Landlord shall be entitled liable for the cost and performance thereof (subject to be paid application of the rent Allowance, as defined below). Landlord shall advise Tenant within ten (10) business days after Landlord’s receipt of the Final Working Drawings for the Tenant Alterations if the same are approved, or, if the Final Working Drawings are not reasonably satisfactory or are incomplete in any respect, disapproved, in which event Landlord shall include in its notice of disapproval a reasonably detailed explanation as to which items are not satisfactory or complete and the reason(s) therefor. If Tenant is so advised, Tenant shall draft Plans and Specifications in accordance with such review and any other charges which are payable hereunder disapproval of Landlord in connection therewith, and Landlord shall approve or disapprove the resubmitted Plans and Specifications, based upon the criteria set forth in this Exhibit B, within five (5) business days after Landlord receives such resubmitted Plans and Specifications. The scope of Landlord’s review of the revised Plans and Specifications will be limited to Tenant’s correction of the items noted in Landlord’s initial {2119-01688/00771566;8} notice of disapproval. The process outlined in the preceding two sentences shall be repeated until Landlord and Tenant have mutually agreed on the Plans and Specifications. The final Plans and Specifications shall, to the extent required by Tenant during the Lease termapplicable provisions of the Lease, as amended, incorporate any and all work required by governmental authorities as a condition to approval of a building permit, including, but not limited towithout limitation, any improvements, whether required to the Original Premises, the sums Expansion Space or any Common Areas, that are required to comply with applicable Requirements which are triggered by the inclusion within the Plans and Specifications of any Tenant Alterations. Tenant may, at its election and concurrently with its submission to Landlord of Plans and Specifications for approval, tender a request to Landlord in accordance with the notice requirement and process governing the removal of Specialty Alterations as set forth in Section 1.02 hereof; and10.6 of the Lease.
22.2 Unless otherwise specifically called out on the Plans and Specifications, Contractor (defined below) shall use Building Standard materials in the construction of all Tenant Alterations. “Building Standard” means those minimum standard specifications established by Landlord governing the type, quality and quantity of materials and installation procedures for tenant spaces in the Building, including floor coverings, wall coverings, window treatments (if any), ceilings (if Tenant does not elect to use an open-ceiling plan), doors, hardware, lighting, distribution of Building Systems, which specifications shall be supplied by Landlord to Tenant upon request. Landlord may require reserves the right to modify Building Standards from time to time; but in no event will Tenant be required to pay to modify Plans and Specifications which have previously been approved by Landlord as additional rent hereunder the cost to Landlord a consequence of completing the Demised Premises in accordance with the terms Landlord’s modification of this Lease over and above what would have been any such cost had there been no such failure, omission or delay; and
3. In exercising any of the foregoing remedies set forth in Section VII.F.I. and VII.F.2. above, Landlord shall be entitled to retain and have recourse to any bond or security deposit provided by TenantBuilding Standards.
Appears in 1 contract
Samples: Office Lease (Stitch Fix, Inc.)
