Common use of Preparation of Plans and Specifications Clause in Contracts

Preparation of Plans and Specifications. Within 20 Business Days after the applicable Governmental Authorities have approved the Site Plan, the Century Boulevard CPAP, 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 the Phase 1 Building. The Building Plans shall be prepared by Xxxxxxxxx Xxxxxx or another firm of architects selected by Purchaser and approved by Seller. The Building Plans are sometimes referred to in this Agreement as the “Construction Plans.” The Construction Plans shall be prepared in conformity with the Approved Concept Development Plan and the approved Site Plan, shall comply with all applicable Legal Requirements and shall be in sufficient detail to qualify for submission to the applicable Governmental Authorities for a building permit. 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 approved by the applicable Governmental Authorities so that Seller may determine whether the Construction Plans conform to the Approved Concept Development Plan. 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 Approved Concept Development Plan and otherwise comply with the requirements of this Section 8(f). 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 Purchaser shall revise the Construction Plans to so 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, reviewing and, if necessary, revising the Construction Plans. The initial review by Seller of the proposed Construction Plans shall be completed within 10 Business Days after they are submitted by Purchaser and any subsequent review by Seller of 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 approved by Seller, except to the extent that such resubmission or revision affects any matter previously approved or deemed approved. If Seller does not notify Purchaser of its determination within 10-Business Day period, as the case may be, Seller shall be deemed to have determined that the proposed Construction Plans or any revision thereof conform to the Approved Concept Development Plan.

Preparation of Plans and Specifications. Within 20 Business Days On or before August 31, 1996, Tenant shall submit a preliminary space plan for the construction of tenant improvements to the Premises (to 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 receipt). Immediately thereafter, Tenant shall cause its architect and engineer to prepare architectural plans, construction drawings and mechanical, electrical and plumbing ("MEP") drawings for the applicable Governmental Authorities have approved 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 plumbing ("MEP") drawings. Said plans, drawings and MEPs shall be submitted to Landlord in form sufficient for the Site Plan, permitting and construction of the Century Boulevard CPAP, the SWM/BMP CPAP Facility, if applicablePremises, and are hereinafter referred to as the Lot Creation Document"Drawings and Specifications". Tenant shall deliver the completed Drawings and Specifications to Landlord promptly after completion, Purchaser and in all events prior to November 1, 1996. In the event Landlord fails to provide Tenant's architect with any information necessary for Tenant's architect to complete the Drawings and Specifications, Tenant or Tenant's Architect shall prepare plansnotify Landlord of any such missing information, specifications and working drawings (collectively, the “Building Plans”) for the Phase 1 Building. The Building Plans Landlord shall be prepared obligated to provide any such information which is reasonably requested by Xxxxxxxxx Xxxxxx or another firm of architects selected by Purchaser and approved by SellerTenant at Landlord's expense, as expeditiously as possible. The Building Plans are sometimes referred to in this Agreement as the “Construction Plans.” The Construction Plans In connection with such requirement, (i) Tenant's architect shall be prepared in conformity 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 right to provide such information with the Approved Concept Development Plan and caveat that the approved Site Plan, shall comply with all applicable Legal Requirements and shall same must be verified in sufficient detail to qualify for submission the field prior to the applicable Governmental Authorities for a building permit. Purchaser shall deliver a copy preparation of Drawings and Specifications integrating the items reflected by such information within Tenant's Work, in which event Landlord will promptly cause its proposed Construction Plans architect to Seller within 20 Business Days after the date on which the Site Plan is approved by the applicable Governmental Authorities so that Seller may determine whether the Construction Plans conform to the Approved Concept Development Plan. 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 Approved Concept Development Plan and otherwise comply with the requirements of this Section 8(f). 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 conformconduct such field verification, and Purchaser shall revise Tenant's architect may rely on the Construction Plans information supplied with such caveat prior to so conform it and shall resubmit the revised Constructions Plans to Seller for review for that purposesuch field verification at its sole risk. Purchaser and Seller shall act in good faith with diligence and continuity in preparingFurther, reviewing and, if necessary, revising the Construction Plans. The initial review by Seller of the proposed Construction Plans shall be completed within 10 Business Days after they are submitted by Purchaser and any subsequent review by Seller of 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 approved by Seller, except to the extent that such resubmission or revision affects Tenant suffers any matter previously approved or deemed approved. If Seller does not notify Purchaser of its determination within 10-Business Day period, as the case may be, Seller shall be deemed to have determined that the proposed Construction Plans or any revision thereof conform delays to the Approved Concept Development PlanCritical Path due to its inability to obtain such information despite its due diligence, or due to inaccuracies within such information, and provided the foregoing notification provision has been complied with, such delay shall constitute a Landlord Delay for all purposes hereof.

Preparation of Plans and Specifications. Within 20 Business Days after 2.1 Tenant shall cause the applicable Governmental Authorities have approved plans and specifications for the Site Plan, the Century Boulevard CPAP, the SWM/BMP CPAP Facility, if applicable, and the Lot Creation Document, Purchaser shall prepare plans, specifications and working drawings Tenant Alterations (collectively, the “Building PlansPlans and Specifications”) for the Phase 1 Building. The Building Plans shall to be prepared by Xxxxxxxxx Xxxxxx or another firm of architects an architect selected by Purchaser Tenant and approved by SellerLandlord (the “Architect”) (Landlord hereby approves Xxxxxx X. Xxxxxxx Architects if such entity is selected by Tenant), and shall submit the same to Landlord. Landlord shall approve or disapprove the Plans and Specifications by providing written notice to Tenant, specifying any changes or modifications Landlord desires in 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 such conversion is required by law or otherwise, Tenant, not Landlord shall be liable for the cost and performance thereof (subject to application of the 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 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 Building scope of Landlord’s review of the revised Plans are sometimes referred and Specifications will be limited to Tenant’s correction of the items noted in this Agreement as Landlord’s initial {2119-01688/00771566;8} notice of disapproval. The process outlined in the “Construction Plans.” The Construction Plans preceding two sentences shall be prepared in conformity with repeated until Landlord and Tenant have mutually agreed on the Approved Concept Development Plan Plans and the approved Site PlanSpecifications. The final Plans and Specifications shall, shall comply with all applicable Legal Requirements and shall be in sufficient detail to qualify for submission to the extent required by the applicable Governmental Authorities for provisions of the Lease, as amended, incorporate any and all work required by governmental authorities as a condition to approval of a building permit. Purchaser shall deliver a copy of its proposed Construction Plans , including, without limitation, any improvements, whether required to Seller within 20 Business Days after the date on Original Premises, the Expansion Space or any Common Areas, that are required to comply with applicable Requirements which the Site Plan is approved are triggered by the applicable Governmental Authorities so that Seller may determine whether inclusion within the Construction Plans conform 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 Approved Concept Development Plan. Seller shall not unreasonably withhold, delay or condition its approval notice requirement and process governing the removal of Specialty Alterations as set forth in Section 10.6 of the Purchaser’s proposed Construction Plans, provided they are prepared in conformity with the Approved Concept Development Plan and otherwise comply with the requirements of this Section 8(f). 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 Purchaser shall revise the Construction Plans to so 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, reviewing and, if necessary, revising the Construction Plans. The initial review by Seller of the proposed Construction Plans shall be completed within 10 Business Days after they are submitted by Purchaser and any subsequent review by Seller of 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 approved by Seller, except to the extent that such resubmission or revision affects any matter previously approved or deemed approved. If Seller does not notify Purchaser of its determination within 10-Business Day period, as the case may be, Seller shall be deemed to have determined that the proposed Construction Plans or any revision thereof conform to the Approved Concept Development PlanLease.

Preparation of Plans and Specifications. Within 20 2.1 Tenant shall cause the plans and specifications for the Tenant Improvements (the “Plans and Specifications”) to be prepared by an architect selected by Tenant and approved by Landlord (the “Architect”) (Landlord hereby approves Xxxxxx X. Xxxxxxx Architects if such entity is selected by Tenant), and shall submit the same to Landlord. Landlord shall approve or disapprove the Plans and Specifications by providing written notice to Tenant, specifying any changes or modifications Landlord desires in the Plans and Specifications . Landlord shall not require Tenant to convert the HVAC controls serving the Initial Premises (or any subsequent space occupied by Tenant) to DDC; provided, however, that in the event any such conversion is required by law or otherwise, Tenant, not Landlord shall be 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 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 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 Section 3.3, within five (5) Business Days after the applicable Governmental Authorities have approved the Site Plan, the Century Boulevard CPAP, the SWM/BMP CPAP Facility, if applicable, Landlord receives such resubmitted Plans and the Lot Creation Document, Purchaser shall prepare plans, specifications and working drawings (collectively, the “Building Plans”) for the Phase 1 BuildingSpecifications. The Building scope of Landlord’s review of the revised Plans shall and Specifications will be prepared by Xxxxxxxxx Xxxxxx or another firm limited to Tenant’s correction of architects selected by Purchaser and approved by Sellerthe items noted in Landlord’s initial notice of disapproval. The Building Plans are sometimes referred to process outlined in this Agreement as the “Construction Plans.” The Construction Plans shall be prepared in conformity with the Approved Concept Development Plan and the approved Site Plan, shall comply with all applicable Legal Requirements and shall be in sufficient detail to qualify for submission to the applicable Governmental Authorities for a building permit. 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 approved by the applicable Governmental Authorities so that Seller may determine whether the Construction Plans conform to the Approved Concept Development Plan. 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 Approved Concept Development Plan and otherwise comply with the requirements of this Section 8(f). 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 Purchaser shall revise the Construction Plans to so 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, reviewing and, if necessary, revising the Construction Plans. The initial review by Seller of the proposed Construction Plans shall be completed within 10 Business Days after they are submitted by Purchaser and any subsequent review by Seller of 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 approved by Seller, except to the extent that such resubmission or revision affects any matter previously approved or deemed approved. If Seller does not notify Purchaser of its determination within 10-Business Day period, as the case may be, Seller shall be deemed to have determined that the proposed Construction Plans or any revision thereof conform to the Approved Concept Development Plan.the