Common use of Schedule of Improvement Activities Clause in Contracts

Schedule of Improvement Activities. 6.1 Landlord will cause the Architect to prepare and deliver to Tenant the Working Drawing Documents based upon the approved Final Space Plan. Tenant shall give its immediate attention to approval of the Working Drawing Documents and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space Plan, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish Work. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease (Optika Imaging Systems Inc)

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Schedule of Improvement Activities. 6.1 (a) Tenant will cause to be prepared a Space Plan and forward it to Landlord for review and approval, to be granted or withheld in accordance with the Approval Standard. Landlord will give Tenant written notice whether or not it approves the proposed Space Plan within five (5) days after its receipt of such Space Plan. If Landlord objects in writing to the proposed Space Plan, such notice must set forth in reasonable detail how the proposed Space Plan must be changed in order to overcome Landlord’s objections. So long as Landlord’s objections fall within Landlord’s discretion pursuant to the Approval Standard, Tenant will cause a revised Space Plan to be delivered to Landlord and it will be treated as though it was the first proposed Space Plan prepared pursuant to this paragraph. (b) After Landlord’s approval of the Space Plan (the “Final Space Plan”), Tenant will promptly cause to be prepared, a preliminary estimate of the Cost of the Tenant’s Work as set forth in the Final Space Plan (the “Estimated Construction Cost”). If the Estimated Construction Cost is less than the Tenant Allowance, the Estimated Construction Cost will be deemed approved without a required response from Landlord. If the Estimated Construction Cost is more than the Tenant Allowance, Tenant shall establish the Maximum Approved Cost by either: (1) Agreeing in writing to pay the amount by which the Estimated Construction Cost exceeds the Tenant Allowance; or (2) Agreeing to have the Final Space Plan revised in an effort to cause the Architect Estimated Construction Cost to prepare be either: (A) not more than the Tenant Allowance; or (B) not more than the amount equal to the Tenant Allowance plus the amount Tenant agrees to pay pursuant to clause (1) immediately above. Tenant shall promptly send Tenant’s written election pursuant to either clause (1) or (2) to Landlord. (c) Upon establishment of the Maximum Approved Cost, Tenant will cause to be prepared and deliver delivered to Tenant Landlord the Working Drawing Documents based upon Drawings, the approved Construction Schedule, and the Final Cost Proposal for the Tenant’s Work in accordance with the Final Space Plan. If the Final Cost Proposal is more than the Maximum Approved Cost, Tenant shall give its immediate attention will either (1) agree in writing to pay the amount by which the Final Cost Proposal exceeds the Maximum Approved Cost or (2) revise the Working Drawings and/or Final Space Plan in order to assure that the Final Cost Proposal is no more than the Maximum Approved Cost. (d) Following approval of the Working Drawing Documents Drawings and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space PlanCost Proposal, Landlord Tenant will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt of Tenant shall enter into a construction contract with the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish WorkGeneral Contractor. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease Agreement (Athenahealth Inc)

Schedule of Improvement Activities. 6.1 (a) No later than January 15, 2014, Tenant will cause to be prepared a Space Plan and forward it to Landlord for review and approval. Landlord will give Tenant written notice whether or not it approves the proposed Space Plan within five (5) days after its receipt of such Space Plan. If Landlord objects in writing to the proposed Space Plan, such notice must set forth in reasonable detail how the proposed Space Plan must be changed in order to overcome Landlord’s objections. Tenant will cause a revised Space Plan to be delivered to Landlord and it will be treated as though it was the first proposed Space Plan prepared pursuant to this paragraph. (b) After Landlord’s approval of the Space Plan (the “Final Space Plan”), Tenant will promptly cause to be prepared, a preliminary estimate of the Cost of the Tenant’s Work as set forth in the Final Space Plan (the “Estimated Construction Cost”). If the Estimated Construction Cost is less than the Tenant Allowance, the Estimated Construction Cost will be deemed approved without a required response from Landlord. If the Estimated Construction Cost is more than the Tenant Allowance, Tenant shall establish the Maximum Approved Cost by either: (1) Agreeing in writing to pay the amount by which the Estimated Construction Cost exceeds the Tenant Allowance; or (2) Agreeing to have the Final Space Plan revised in an effort to cause the Architect Estimated Construction Cost to prepare be either: (A) not more than the Tenant Allowance; or (B) not more than the amount equal to the Tenant Allowance plus the amount Tenant agrees to pay pursuant to clause (1) immediately above. Tenant shall respond by notice pursuant to either clause (1) or (2) immediately above within five (5) days of the determination of the Estimated Construction Cost. Failure to respond within such five (5) day period shall be conclusively deemed to constitute Tenant’s agreement pursuant to clause (1) immediately above. (c) Upon establishment of the Maximum Approved Cost, Tenant will cause to be prepared and deliver delivered to Tenant Landlord the Working Drawing Documents based upon Drawings, the approved Construction Schedule, and the Final Cost Proposal for the Tenant’s Work in accordance with the Final Space Plan. If the Final Cost Proposal is more than the Maximum Approved Cost, Tenant shall give its immediate attention will either (1) agree in writing to pay the amount by which the Final Cost Proposal exceeds the Maximum Approved Cost or (2) revise the Working Drawings in order to assure that the Final Cost Proposal is no more than the Maximum Approved Cost, such election to be made within five (5) days of determination of the Final Cost Proposal. (d) Following approval of the Working Drawing Documents Drawings and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space PlanCost Proposal, Landlord Tenant will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, andTenant shall enter into a construction contract with the General Contractor, upon receipt of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish Work. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, contract shall be referred subject to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions approval of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (which approval shall not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay"unreasonably withheld.

Appears in 1 contract

Samples: Office Lease Agreement (Cardlytics, Inc.)

Schedule of Improvement Activities. 6.1 Following completion of a mutually agreed-upon final space plan, Landlord will promptly cause to be prepared and delivered to Tenant an estimate of construction costs. If the estimated construction cost is less than the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements), the estimated construction cost will be deemed approved unless Tenant notifies Landlord of Tenant’s objection to the construction cost estimate within five (5) business days of Tenant’s receipt of the estimate. Landlord thereafter shall take reasonable steps to modify the estimate of construction costs to address Tenant’s objection and shall deliver to Tenant a revised estimate of construction cost. If the estimated construction cost is more than the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements), Tenant will establish the maximum approved cost (“Tenant’s Maximum Approved Cost”) by either: (a) Agreeing in writing to pay the amount by which the estimated construction cost exceeds the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements) or; (b) Agreeing to have the space plan revised by Landlord’s architect, the cost for which shall be subject to the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements), any costs in excess of which shall be at Tenant’s sole cost and expense, in order to assure that the estimated construction cost is either: i) No more than the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements); or Third Lease Amendment (Lease Extension) - Insightful Corporation June 8, 2007 ii) Exceeds the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements) by an amount that the Tenant agrees to pay. After exhaustion of the Tenant Improvement Allowance, any amount payable by Tenant for tenant improvements in excess of the Tenant Improvement Allowance shall be billed periodically to Tenant by Landlord as the work proceeds, and Tenant agrees to pay each such invoice within fifteen (15) business days following its delivery. Tenant will give immediate attention to establishing Tenant’s Maximum Approved Cost and respond to Landlord within five (5) business days of receipt of the estimate of construction costs. Upon Tenant’s timely fulfillment of its obligations above, Tenant’s Maximum Approved Cost will be established. Upon establishment of Tenant’s Maximum Approved Cost, Landlord will cause the Architect to prepare be prepared and deliver delivered to Tenant the Working Drawing Documents based upon working drawings, the approved Final Space Planconstruction schedule, and the final construction budget proposal for the improvements in accordance with the final space plan. If the final construction budget is less than Tenant’s Maximum Approved Cost, the Landlord will take steps necessary to commence construction of the improvements to the premises in coordination with Tenant. If the final construction budget is more than Tenant’s Maximum Approved Cost, Landlord will so notify Tenant in writing and Tenant will 1) agree in writing to pay the amount by which the final construction budget exceeds the Tenant’s Maximum Approved Cost or 2) request Landlord to revise the working drawings, the cost for which shall be subject to the Tenant Improvement Allowance provided for in Third Lease Amendment, Section 11 (Tenant Improvements), any costs in excess of which shall be at Tenant’s sole cost and expense, in order to assure that the final construction budget is no more than Tenant’s Maximum Approved Cost. Tenant shall will give its immediate attention to Tenant’s Maximum Approved Cost approval of the Working Drawing Documents process and Tenant shall to respond to the Landlord within three five (35) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier servicesubmissions. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space Planfinal working drawings and Tenant’s Maximum Approved Cost by Landlord and Tenant, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt Landlord will begin construction of the fully approved Working Drawing Documentsimprovements; however: (a) Excepting the Expansion Space, Landlord will construction of improvements to the Premises shall not commence prior to January 1, 2008, and must be completed no later than December 31, 2008; (b) Construction of improvements to the Tenant Finish Work. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of TenantExpansion Space shall not commence earlier than October 1, its agents2007, employees or contractorsand must be completed no later than September 30, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".2008;

Appears in 1 contract

Samples: Lease Amendment (Insightful Corp)

Schedule of Improvement Activities. 6.1 (1) Tenant shall submit a "Final Space Plan" to Landlord as part of this Lease. Within five (5) days after receipt of the Final Space Plan, Landlord will promptly cause to be prepared and delivered to Tenant the written Estimated Construction Cost. In the event the Estimated Construction Cost exceeds the Amount Financed, Landlord may modify the Final Space Plan in its reasonable discretion in order to assure that the Estimated Construction Cost will not exceed the Amount Financed. Landlord will submit to Tenant said modifications for Tenant's approval, which shall not be unreasonably withheld (the "Revised Space Plan"). (2) Upon approval of the Estimated Construction Cost, Landlord will cause the Architect to prepare be prepared and deliver delivered to Tenant the Working Drawing Documents based upon Drawings, finish schedules, the approved Construction Schedule, and the Landlord's Cost Proposal for the Improvements in accordance with the Final or Revised Space Plan. If the Landlord's Cost Proposal is less than the Estimated Construction Cost, Landlord will commence construction of the Improvements to the Premises. If the Landlord's Cost Proposal is more than the Estimated Construction Cost, Landlord will so notify Tenant shall in writing and Tenant will either (1) agree in writing to pay the amount by which the Landlord's Cost Proposal exceeds the Estimated Construction Cost or (2) agree to reasonable revisions to the Working Drawings in order to assure that Landlord's Cost Proposal does not exceed the Amount Financed. Tenant will give its immediate attention to the Working Drawings and Landlord's Cost Proposal approval process and respond to Landlord within 3 business days after submissions are made to it. (3) Following approval of the Working Drawing Documents Drawings and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space PlanCost Proposal, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt Landlord will begin construction of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish WorkImprovements. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease (Colorado Business Bankshares Inc)

Schedule of Improvement Activities. 6.1 (a) On or before the Programming Information Submission Date, Tenant will cooperate with and submit to Landlord the Programming Information necessary for Landlord's architect to prepare the proposed space plan. (b) Landlord's architect will expeditiously prepare a space plan and forward it to Tenant. Tenant will give Landlord written notice whether or not Tenant approves the proposed space plan within 5 days after its receipt. If Tenant's notice objects to the proposed space plan, the notice will set forth how the proposed space plan is inconsistent with the Programming Information and how the proposed space plan must be changed in order to overcome Tenant's objections. Landlord will cause the Architect to prepare and deliver resubmit a revised space plan to Tenant and it will be treated as though it was the Working Drawing Documents based upon the approved Final Space Plan. Tenant shall give its immediate attention first proposed space plan prepared pursuant to approval of the Working Drawing Documents and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereofthis paragraph. 6.2 Following (c) After Tenant approval of the Final Space Plan, Landlord will promptly cause to be prepared, a preliminary estimate of the cost of the Improvements as set forth in the final space plan (the "Estimated Construction Cost"). If the Estimated Construction Cost is less than the Tenant Finish Allowance, the Estimated Construction Cost will be deemed approved without a required response from the Tenant. If the Estimated Construction Cost is more than the Tenant Finish Allowance, Landlord will so notify Tenant in writing and Tenant will establish the Maximum Approved Cost by either: (1) Agreeing in writing to pay the amount by which the Estimated Construction Cost exceeds the Tenant Finish Allowance; or (2) Agreeing to have the Final Space Plan revised by Landlord's architect in order to assure that the Estimated Construction Cost is either: (A) No more than the Tenant Finish Allowance; or (B) Exceeds the Tenant Finish Allowance by an amount which Tenant agrees to pay pursuant to clause (1) immediately above. Tenant shall give immediate attention to establishing the Maximum Approved Cost by responding to Landlord within 2 business days. Upon Tenant's timely fulfillment of its obligations in either clause (1) or clause (2) immediately above, the Maximum Approved Cost will be established. (d) Upon establishment of the Maximum Approved Cost, Landlord will cause to be prepared and delivered to Tenant the Working Drawings, the Construction Schedule, and the Tenant Cost Proposal for the improvements in accordance with the Final Space Plan. If the Tenant Cost Proposal is less than the Maximum Approved Cost, Landlord will take steps necessary to commence construction of the Improvements to the Premises. If the Tenant Cost Proposal is more than the Maximum Approved Cost, Landlord will so notify Tenant in writing and Tenant will either (1) agree in writing to pay the amount by which the Tenant Cost Proposal exceeds the Maximum Approved Cost or (2) request Landlord to revise the Working Drawings in order to assure that the Tenant Cost Proposal is no more than the Maximum Approved Cost. Tenant shall give immediate attention to the cost proposal approval process and to respond to Landlord within 3 business days. (e) Following approval of the Working Drawings and the Tenant Cost Proposal, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt Landlord will begin construction of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish WorkImprovements. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease (Xcarenet Inc)

Schedule of Improvement Activities. 6.1 (a) As soon as reasonably possible following the execution of the Lease, Tenant shall submit the Preliminary Space Plan to Landlord will for approval. Within five (5) business days following Tenant’s submission of the Preliminary Space Plan, Landlord shall review and approve or disapprove in writing the Preliminary Space Plan. If Landlord disapproves the Preliminary Space Plan or any portion thereof, Landlord shall include with its notice of disapproval a statement of the concerns which must be addressed in order for Landlord to approve the Preliminary Space Plan. Within five (5) business days following the date of Landlord’s notice, Tenant shall submit to Landlord a revised Preliminary Space Plan incorporating revisions sufficient to address the concerns raised by Landlord. (b) Following Landlord’s written approval of the Preliminary Space Plan, Tenant shall cause the Architect its architect to prepare the Final Space Plan and deliver forward it to Tenant Landlord. Within three (3) business days following Tenant’s submission of the Working Drawing Documents based upon Final Space Plan, Landlord shall review and approve or disapprove in writing the approved Final Space Plan. If Landlord disapproves the Final Space Plan or any portion thereof, Landlord shall include with its notice of disapproval a statement of the concerns which must be addressed in order for Landlord to approve the Final Space Plan. Within three (3) business days following the date of Landlord’s notice, Tenant shall give its immediate attention submit to Landlord a revised Final Space Plan incorporating revisions sufficient to address the concerns raised by Landlord. When the Final Space has been approved, it shall be attached to this Exhibit as Schedule 1. (c) Following Landlord’s approval of the Working Drawing Documents and Final Space Plan, Tenant shall respond proceed immediately with preparation of the Working Drawings, which shall be submitted to Landlord for approval. Within three (3) business days following Landlord’s receipt of the Working Drawings, Landlord within shall review and approve or disapprove in writing the Working Drawings. If Landlord disapproves the Working Drawings, or any portion thereof, Landlord shall include with its notice of disapproval a statement of the concerns which must be addressed in order for Landlord to approve the Working Drawings. Within three (3) business days after each and every submission is made the date of Landlord’s notice, Tenant shall submit to a Tenant Representative Landlord revised Working Drawings incorporating revisions sufficient to address the concerns raised by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereofLandlord. 6.2 Following (d) Upon Landlord’s approval of the Final Space PlanWorking Drawings pursuant to subparagraph (c) above, Landlord will Tenant shall cause application to be made to the appropriate governmental authorities for necessary approvals and building buildings permits. Upon receipt Tenant shall be responsible for obtaining all necessary permits and approvals for the work shown on the approved Working Drawings, at Tenant’s sole cost and expense. (e) The construction schedule attached hereto as Schedule 2 has been agreed to by the parties as fairly representing the anticipated schedule for completion of the necessary approvals and permits, and, upon receipt of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish Tenant’s Work. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Retail Lease (Circle Bancorp)

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Schedule of Improvement Activities. 6.1 (a) On or before the final space plan submission date, Tenant will submit to Landlord final space plan. (b) Upon receipt of the final space plan, Landlord's architect will cause consult with Tenant and prepare working drawings within thirty (30) days after receipt of the Architect final space plans. Landlord's architect will forward the working drawings to prepare and deliver to Tenant the Working Drawing Documents based upon the approved Final Space PlanTenant. Tenant shall will give Landlord written notice whether or not Tenant approves the working drawings within five (5) business days after its immediate attention to receipt. (c) Following approval of the Working Drawing Documents and Tenant shall respond to working drawings, Landlord will obtain bids for the Landlord within improvements from at least three (3) business days after each general contractors and every submission submit the bids to Tenant. If the cost of the improvements based on the lowest responsive bid is made less than or equal to a the Tenant Representative by hand deliveryallowance, facsimile transmissionTenant will be deemed to have approved the cost of the improvements without further action and Landlord will accept such bid. If the cost of the improvements based on the lowest responsive bid is more than the Tenant allowance, or overnight courier service. Tenant's failure to object in writing to any such submission within such three Tenant shall have five (35) business days to approve the bid or to modify the working drawings to reduce the cost. If Tenant modifies the working drawings to reduce the cost, Landlord will obtain new bids or negotiated prices for the improvement. Landlord shall constitute approval thereofsubmit the new bids or negotiated prices to Tenant. If the new bids or negotiated prices still exceed the Tenant allowance, Tenant shall have the right, within five business days, to repeat the modification process described above until the cost of the improvements based on the lowest bid is less than or equal to the Tenant allowance, provided, however, that (i) if any such repeat of the modification process causes a delay in the commencement of Landlord's construction of the improvements, then (a) the outside date of May 1, 1999 by which Landlord must deliver possession of the Premises to Tenant pursuant to Section 2 of the Lease, and (b) the date of May 31, 1999 after which Tenant has the right to terminate the Lease for the failure of landlord to deliver possession pursuant to Section 2 of the Lease, will each be extended by one day for each day during the repeating of such modification process until Tenant accepts a bid and (ii) if after a period of 30 days from the date Landlord first submitted bids to Tenant, the lowest responsive bid or negotiated price still exceeds the Tenant allowance, then Tenant shall be deemed to have approved the lowest responsive bid or negotiated price without further action and Landlord will accept such bid or negotiated price without further action and Landlord will accept such bid or negotiated price. Following such approval, the cost of the improvements shall be fixed, subject to approved change orders under PARAGRAPH 8, and Tenant shall be obligated to pay the amount by which the cost of the improvements exceeds the allowance. Except for approved change orders under PARAGRAPH 8, all risk of construction cost overruns or costs of unknown conditions shall be borne by Landlord. 6.2 (d) Following approval of the Final Space Planworking drawings, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt Landlord will begin construction of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish Workimprovements. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Commercial Lease (Metro One Telecommunications Inc)

Schedule of Improvement Activities. 6.1 Landlord (a) After tenant's final approval of a preliminary space plan (which will then be the "final space plan"), landlord will promptly cause to be prepared an estimate of construction costs. If the estimated construction cost is less than the tenant finish allowance, the estimated construction cost will be deemed approved without a required response from tenant. If the estimated construction cost is more than the tenant finish allowance landlord will so notify tenant in writing and tenant will establish the maximum approved cost by either: (1) Agreeing in writing to pay the amount by which the estimated construction cost exceeds the tenant finish allowance or; (2) Agreeing to have the space plan revised by xxxxxxxx's architect in order to assure that the estimated construction cost is either: (A) No more than the tenant finish allowance; or (B) Exceeds the tenant finish allowance by an amount that the tenant agrees to pay pursuant to (1) Tenant will give immediate attention to establishing the maximum approved cost and respond to landlord within 2 business days. Upon tenant's timely fulfillment of its obligations in either clause (1) or clause (2), the maximum approved cost will be established. (b) Upon establishment of the maximum approved cost, landlord will cause to be prepared and delivered to tenant the Architect working drawings, the construction schedule, and the tenant cost proposal for the improvements in accordance with the final space plan. If the tenant cost proposal is less than the maximum approved cost, the landlord will take steps necessary to prepare commence construction of the improvements to the premises. If the tenant cost proposal is more than the maximum approved cost, landlord will so notify tenant in writing and deliver tenant will (1) agree in writing to Tenant pay the Working Drawing Documents based upon amount by which the tenant cost proposal exceeds the maximum approved Final Space Plancost or (2) request landlord to revise the working drawings in order to assure that the tenant cost proposal is no more than the maximum approved cost. Tenant shall will give its immediate attention to the tenant cost proposal approval of the Working Drawing Documents process and Tenant shall to respond to the Landlord landlord within three (3) 3 business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereofsubmissions. 6.2 (c) Following approval of the Final Space Planworking drawings, Landlord and tenant cost proposal, by landlord and tenant, landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt landlord will begin construction of the fully approved Working Drawing Documentsimprovements, Landlord will commence subject to the Tenant Finish Workrights of tenant in possession or upon vacation of premises by tenant in possession. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Lease Agreement (Mounger Corp)

Schedule of Improvement Activities. 6.1 (a) No later than thirty (30) days after the date of execution and delivery of this Amendment, Tenant will cause to be prepared a Space Plan and forward it to Landlord for review and approval. Landlord will give Tenant written notice whether or not it approves the proposed Space Plan within five (5) days after its receipt of such Space Plan. If Landlord objects in writing to the proposed Space Plan, such notice must set forth in reasonable detail how the proposed Space Plan must be changed in order to overcome Landlord’s objections. Tenant will cause a revised Space Plan to be delivered to Landlord and it will be treated as though it was the first proposed Space Plan prepared pursuant to this paragraph. (b) After Xxxxxxxx’s approval of the Space Plan (the “Final Space Plan”), Tenant will promptly cause to be prepared, a preliminary estimate of the Cost of the Relocation Premises Work as set forth in the Final Space Plan (the “Estimated Construction Cost”). If the Estimated Construction Cost is less than the Tenant Relocation Allowance, the Estimated Construction Cost will be deemed approved without a required response from Landlord. If the Estimated Construction Cost is more than the Tenant Relocation Allowance, Tenant shall establish the Maximum Approved Cost by either: (1) Agreeing in writing to pay the amount by which the Estimated Construction Cost exceeds the Tenant Relocation Allowance (or, in the alternative, exercising Tenant’s rights pursuant to Section 6(d) and/or 6(e) of the body of this Amendment to increase the amount of the Tenant Relocation Allowance, or a combination thereof); or (2) Agreeing to have the Final Space Plan revised in an effort to cause the Architect Estimated Construction Cost to prepare be either: (A) not more than the Tenant Relocation Allowance; or (B) not more than the amount equal to the Tenant Relocation Allowance plus the amount Tenant agrees to pay pursuant to clause (1) immediately above. Tenant shall respond by notice pursuant to either clause (1) or (2) immediately above within five (5) days of the determination of the Estimated Construction Cost. Failure to respond within such five (5) day period shall be conclusively deemed to constitute Tenant’s agreement pursuant to clause (1) immediately above. (c) Upon establishment of the Maximum Approved Cost, Tenant will cause to be prepared and deliver delivered to Tenant Landlord the Working Drawing Documents based upon Drawings, the approved Construction Schedule, and the Final Cost Proposal for the Relocation Premises Work in accordance with the Final Space Plan. If the Final Cost Proposal is more than the Maximum Approved Cost, Tenant will either (1) agree in writing to pay the amount by which the Final Cost Proposal exceeds the Maximum Approved Cost or (2) revise the Working Drawings in order to assure that the Final Cost Proposal is no more than the Maximum Approved Cost, such election to be made within five (5) days of determination of the Final Cost Proposal. (d) Upon receipt of all such plans, Landlord shall give its immediate attention solicit bids from up to three (3) general contractors for the performance of the Relocation Premises Work, and Landlord shall select the winning bidder (the “General Contractor”) subject to Tenant’s approval, which approval shall not be unreasonably withheld. (e) Following approval of the Working Drawing Documents Drawings and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereof. 6.2 Following approval of the Final Space PlanCost Proposal, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt of Landlord shall enter into a construction contract with the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish WorkGeneral Contractor. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease Agreement (Cardlytics, Inc.)

Schedule of Improvement Activities. 6.1 (a) On or before the Programming Information Submission Date, Tenant will cooperate with and submit to Landlord the Programming Information necessary for Landlord's architect to prepare the proposed space plan. (b) Landlord's architect will expeditiously prepare a space plan and forward it to Tenant. Tenant will give Landlord written notice whether or not Tenant approves the proposed space plan within 5 days after its receipt. If Tenant's notice objects to the proposed space plan, the notice will set forth how the proposed space plan is inconsistent with the Programming Information and how the proposed space plan must be changed in order to overcome Tenant's objections. Landlord will cause the Architect to prepare and deliver resubmit a revised space plan to Tenant and it will be treated as though it was the Working Drawing Documents based upon the approved Final Space Plan. Tenant shall give its immediate attention first proposed space plan prepared pursuant to approval of the Working Drawing Documents and Tenant shall respond to the Landlord within three (3) business days after each and every submission is made to a Tenant Representative by hand delivery, facsimile transmission, or overnight courier service. Tenant's failure to object in writing to any such submission within such three (3) business days shall constitute approval thereofthis paragraph. 6.2 Following (c) After Tenant approval of the Final Space Plan, Landlord will promptly cause to be prepared, a preliminary estimate of the cost of the Improvements as set forth in the final space plan (the "Estimated Construction Cost"). If the Estimated Construction Cost is less than the Tenant Finish Allowance, the Estimated Construction Cost will be deemed approved without a required response from the Tenant. If the Estimated Construction Cost is more than the Tenant Finish Allowance, Landlord will so notify Tenant in writing and Tenant will establish the Maximum Approved Cost by either: (1) Agreeing in writing (in a manner reasonably acceptable to Landlord) to pay the amount by which the Estimated Construction Cost exceeds the Tenant Finish Allowance; or (2) Agreeing to have the Final Space Plan revised by Landlord's architect in order to assure that the Estimated Construction Cost is either: (A) No more than the Tenant Finish Allowance; or (B) Exceeds the Tenant Finish Allowance by an amount which Tenant agrees to pay pursuant to clause (1) immediately above. Tenant shall give immediate attention to establishing the Maximum Approved Cost by responding to Landlord within 2 business days. Upon Tenant's timely fulfillment of its obligations in either clause (1) or clause (2) immediately above, the Maximum Approved Cost will be established. (d) Upon establishment of the Maximum Approved Cost, Landlord will cause to be prepared and delivered to Tenant the Working Drawings, the Construction Schedule, and the Tenant Cost Proposal for the Improvements in accordance with the Final Space Plan. If the Tenant Cost Proposal is less than the Maximum Approved Cost, Landlord will take steps necessary to commence construction of the Improvements to the Premises. If the Tenant Cost Proposal is more than the Maximum Approved Cost, Landlord will so notify Tenant in writing and Tenant will either (1) agree in writing to pay the amount by which the Tenant Cost Proposal exceeds the Maximum Approved Cost or (2) request Landlord to revise the Working Drawings in order to assure that the Tenant Cost Proposal is no more than the Maximum Approved Cost. Tenant shall give immediate attention to the cost proposal approval process and to respond to Landlord within 3 business days. (e) Following approval of the Working Drawings and the Tenant Cost Proposal, Landlord will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, and, upon receipt Landlord will begin construction of the fully approved Working Drawing Documents, Landlord will commence the Tenant Finish WorkImprovements. 6.3 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Tenant, its agents, employees or contractors, (ii) Change Order requests made by Tenant after completion and approval of the Final Space Plan, including the time necessary for Landlord's reasonable approval thereof (not to exceed three (3) business days), but not including any delays caused by any unreasonable objection thereto by Landlord, (iii) delays in obtaining building or Construction materials requested by Tenant which are not readily available in the Colorado Springs metropolitan area, (iv) the failure of the Tenant to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (v) any failure by Tenant to approve any submissions to Tenant without reasonable cause, or (vi) any delays caused by Tenant's requiring additional scope of work by Tenant's Designated Contractors within the Leased Premises (as more fully described in paragraph 6.4 below), after considering any time saved by Tenant as a result of its Change Orders, shall be referred to as "Tenant-Caused Delay". 6.4 The total number of days that the preparation of the Working Drawing Documents or the Substantial Completion of the Tenant Finish Work for the Leased Premises as defined by paragraph 1.9 hereof is delayed as a result of (i) the acts or omissions of Landlord, its agents, employees or contractors, (ii) the failure of Landlord to hire a contractor and proceed diligently to Substantial Completion of the Tenant Finish Work, (iii) the failure of the Landlord to provide any required information, documents, or approvals or disapprovals in a timely fashion (not to exceed three (3) business days), (iv) any failure by Landlord to approve any submissions to Landlord without reasonable cause, after considering any time saved by Landlord as a result of its early completion of any of the Tenant Finish Work, shall be referred to as "Landlord-Caused Delay".

Appears in 1 contract

Samples: Office Lease (Accredited Home Lenders Holding Co)

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