Common use of Schedule of Tenant Improvement Activities Clause in Contracts

Schedule of Tenant Improvement Activities. Tenant shall cooperate with and submit to Space Planner the information (the “Tenant Information”) necessary for the Space Planner to prepare the Tenant’s Space Plan for the Premises. Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem within five (5) business days of receipt and any revision thereafter within two (2) business days of receipt. After approval of the Tenant’s Space Plan by Landlord, Tenant will promptly have prepared a preliminary estimate of the cost of the Tenant Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Space Plan (the “Tenant’s Estimated Construction Cost”). Tenant shall timely (not later than three (3) days after Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s Estimated Construction Cost, Space Planner will prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). Tenant shall cause Contractor to prepare from the documents a cost proposal (“Tenant Cost Proposal”) for construction of the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule which will set forth estimated time frames for completion of construction of the Tenant Improvements. If the Tenant Cost Proposal is greater than the Tenant Allowance (“Excess Costs”), Tenant will so notify Landlord in writing and Tenant will either: (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs and, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) below, or (ii) revise the Tenant Space Plan in order to assure that the Tenant Cost Proposal is either (a) no more than the Tenant Allowance, or (b) in excess of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately above. Following approval of the Tenant Working Drawings and the Tenant Cost Proposal by Tenant, Tenant shall cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to Landlord and the City for review. Upon receipt of the necessary approvals and permits, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completion.

Appears in 2 contracts

Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)

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Schedule of Tenant Improvement Activities. a. Upon Tenant’s decision to commence a Tenant Improvement to the Premises, Tenant shall cooperate with and submit to Space Planner the information (the “Tenant Information”) necessary for the Space Planner to prepare the Tenant’s Space Plan for the Premises. Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem within five or Minimal Tenant Improvement Scope, whichever is applicable, shall be completed in accordance with the requirements of Tenant and submitted to Landlord. Landlord shall have fifteen (515) business days after Xxxxxxxx’s receipt of receipt and any revision thereafter within two (2) business days of receipt. Xxxxxx’s request to approve or deny Tenant’s Space Plan or Minimal Tenant Improvement Scope. b. [Intentionally Deleted] c. After approval of the Tenant’s Space Plan by LandlordPlan, Tenant will promptly have prepared a preliminary estimate of the cost of the Tenant Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Space Plan (the “Tenant’s Estimated Construction Cost”). Tenant shall timely (not later than three (3) days after Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s Estimated Construction Cost, cause Space Planner will to prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). After receipt of Landlord’s approval of the Tenant Working Drawings,Tenant shall cause Contractor to prepare from the documents a cost proposal (“Tenant Cost Proposal”) for construction of the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule Construction Schedule which will set forth estimated time frames for completion of construction of the Tenant Improvements. If the Tenant Cost Proposal is greater than the Tenant Allowance (“Excess Costs”), Tenant will so notify Landlord in writing and Tenant will either:construction. (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs and, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises to Landlord to be disbursed following completion of d. All Tenant Improvements and Tenant’s delivery of work shall be performed by the documents required by Section 10(e) below, or (ii) revise the Tenant Space Plan in order to assure that the Tenant Cost Proposal is either (a) no more than the Tenant Allowance, or (b) in excess of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately aboveContractor(s). Following Landlord’s approval of the Tenant Working Drawings and the or Minimal Tenant Cost Proposal by TenantImprovement Scope, Tenant shall will cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to Landlord and the City for review. Upon receipt of the necessary approvals and permitspermits and subject to receipt of the payment required under Paragraph 6, Tenant shall enter into a contract with the Contractor to begin construction of the Tenant Improvements. Subject to Landlord’s prior written approval, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completion.

Appears in 1 contract

Samples: Lease (Signing Day Sports, Inc.)

Schedule of Tenant Improvement Activities. A. Landlord has furnished to Tenant shall cooperate a list identifying the architect and other consultants which Landlord proposes to hire in connection with the Tenant Work, and submit Tenant has agreed upon the architects and consultants to Space Planner be hired. B. Tenant has submitted to Landlord the information (the "Tenant Information") necessary for the Space Planner Landlord's architect or space planner to prepare a space layout and improvement plan for the Tenant’s Premises (the "Tenant Space Plan"), and the Tenant Space Plan for the Premises. has been prepared by Landlord shall approve or reasonably disapprove and approved by Tenant’s Space Plan for a Design Problem within five (5) business days of receipt . C. Landlord has prepared and any revision thereafter within two (2) business days of receipt. After approval of the Tenant’s Space Plan by Landlord, furnished to Tenant will promptly have prepared a preliminary estimate of the cost of Tenant's improvements, including without limitation permits, taxes, and all space planning, architectural, engineering and construction contractor's fees associated therewith (the Tenant Improvements (hard and soft cost of Tenant Improvements only) "Tenant's Estimated Construction Cost"), as set forth in the Tenant Space Plan (the “Plan. The Tenant’s 's Estimated Construction Cost”). Cost is more than the Tenant shall timely (not later than three (3) days after Finish Allowance, and Tenant has agreed in writing to pay the amount by which the Tenant’s receipt thereof) provide a copy 's Estimated Construction Cost exceeds the Tenant Finish Allowance as though that amount were Tenant Extra Work subject to paragraph 7. D. After approval of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s 's Estimated Construction Cost, Space Planner Landlord will prepare cause to be prepared and deliver delivered to Tenant, Landlord and Contractor Tenant working drawings for the Premises ("Tenant Working Drawings"). Tenant shall cause Contractor to prepare from the documents a cost proposal Within five (“Tenant Cost Proposal”5) for construction days after its receipt of the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule Tenant will give Landlord written notice whether or not Tenant approves the Tenant Working Drawings. If Tenant fails to give Landlord that notice by that fifth day, then, in addition to any other rights which it may have on account of that failure, Landlord may consider each day following that fifth day until its receipt of Tenant's notice to be a day of delay by Tenant. If Tenant's notice objects to the Tenant Working Drawings, the notice will set forth estimated time frames for completion of construction of how the Tenant Improvements. If the Tenant Cost Proposal is greater than the Tenant Allowance (“Excess Costs”), Tenant will so notify Landlord in writing and Tenant will either: (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs and, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) below, or (ii) revise Working Drawings are inconsistent with the Tenant Space Plan and how the Tenant Working Drawings must be changed in order to assure that overcome Tenant's objections. Landlord will submit revised Tenant Working Drawings to Tenant. The revised Tenant Working Drawings, and any revisions to them, will be treated as though they were the first proposed Tenant Working Drawings prepared pursuant to this paragraph. If the proposed Tenant Working Drawings, or any revision to them, is not inconsistent with the Tenant Cost Proposal is either (a) no more than the Tenant AllowanceSpace Plan, or (b) in excess then each day following Landlord's receipt of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately above. Following Tenant's objections until Landlord's receipt of Tenant's approval of the Tenant Working Drawings will be a day of Tenant's delay. E. After approval of the Tenant's Working Drawings, Landlord will cause to be prepared and delivered to Tenant an estimated construction schedule (the "Construction Schedule"), and a cost proposal (the "Tenant Cost Proposal by Tenant, Tenant shall cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to Landlord and the City for review. Upon receipt of the necessary approvals and permits, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completion.Proposal") for

Appears in 1 contract

Samples: Lease Agreement (Wildblue Communications Inc)

Schedule of Tenant Improvement Activities. (a) On or before the Submission Date, Tenant shall cooperate with and will submit to Space Planner Landlord the information improvement plan for the Premises (the "Tenant Information”) necessary for the Space Planner to prepare the Tenant’s Space Plan for the PremisesPlan"). Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem within Within five (5) business days after its receipt of the proposed Tenant Space Plan, Landlord shall provide written notice of whether or not Landlord approves the proposed Tenant Space Plan. If Landlord fails to give Tenant said notice by the fifth day, then the Tenant Space Plan shall be deemed approved. If Landlord's notice objects to the proposed Tenant Space Plan, the notice will set forth how the proposed Tenant Space Plan fails to meet Landlord's requirements and how the proposed Tenant Space Plan must be changed in order to overcome Landlord's objections. Tenant will then submit a revised Tenant Space Plan to Landlord. (b) Within 30 days after approval or deemed approval of the Tenant Space Plan, Tenant shall furnish to Landlord the construction drawings ("CD's") for the construction of Tenant's Improvements (the "Improvements"). The CD's shall be in such a condition so as to allow the issuance of a building permit for the construction. (c) Upon receipt of the CD's, Landlord shall obtain bids from three (3) mutually agreeable contractors for construction of the Improvements. Landlord shall not be obligated to select the lowest bid, although it shall give due consideration to such fact. Final bids will be reviewed by Landlord and any revision thereafter within Tenant, but Landlord shall have the sole right to approve the same. Landlord shall choose a final bid, subject to Tenant's rights as provided below. Within two (2) business days following Landlord's submission to Tenant of receipt. After approval its choice of the Tenant’s Space Plan by Landlorda final bid, Tenant will promptly have prepared a preliminary estimate of the cost of the Tenant Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Space Plan (the “Tenant’s Estimated Construction Cost”). Tenant shall timely (not later than three (3) days after Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s Estimated Construction Cost, Space Planner will prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). Tenant shall cause Contractor to prepare from the documents a cost proposal (“Tenant Cost Proposal”) for construction of the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule which will set forth estimated time frames for completion of construction of the Tenant Improvements. If the Tenant Cost Proposal is greater than the Tenant Allowance (“Excess Costs”), Tenant will so notify Landlord in writing and Tenant will either: either (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs andaccept such choice, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) below, or or (ii) revise the inform Landlord of Tenant's choice. If Tenant Space Plan in order to assure that the accepts Landlord's choice, then such choice shall be final. If Tenant Cost Proposal is either (a) no more than the does not accept Landlord's choice, then Tenant Allowanceshall inform Landlord of Tenant's choice, or (b) in excess of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately above. Following approval of the Tenant Working Drawings and the Tenant Cost Proposal bid chosen by Tenant, Tenant shall cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to accepted by both Landlord and the City Tenant and any applicable penalty clauses for review. Upon receipt of the necessary approvals and permits, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completiondelayed construction shall be inapplicable.

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

Schedule of Tenant Improvement Activities. A. Landlord shall provide written notice to Tenant shall of the date on which the Tenant Information (as defined in the next sentence) must be submitted to Landlord (the "Submission Date"), at least sixty (60) days prior to the Submission Date. On or before the Submission Date, Tenant will cooperate with and submit to Space Planner Landlord the information (the "Tenant Information") necessary for the Space Planner Landlord's architect or space planner to prepare the Tenant’s Space Plan a space layout and improvement plan for the PremisesPremises (the "Tenant Space Plan"). Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem within five (5) business days of receipt and any revision thereafter within two (2) business days of receipt. After approval of the Tenant’s Space Plan by Landlord, Tenant will promptly have prepared prepare a preliminary estimate of the cost of preparing the Tenant Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Tenant's Space Plan (the "Tenant’s 's Estimated Construction Space Planning Cost"). Tenant shall timely (not later than three (3) days after Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s Estimated Construction Cost, Space Planner will prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). Tenant shall cause Contractor to prepare from the documents a cost proposal (“Tenant Cost Proposal”) for construction of based on the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule which will set forth estimated time frames for completion of construction of the Tenant ImprovementsInformation. If the Tenant Tenant's Estimated Space Planning Cost Proposal is greater more than the Tenant Allowance (“Excess Costs”)Space Planning Allowance, Tenant Landlord will so notify Landlord Tenant in writing and Tenant will either: (i1) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree Agree in writing to pay the Excess Costs and, in amount by which the event Tenant's Space Planning Cost exceeds the Excess Costs exceed $15 per RSF of the Initial Premises, Space Planning Allowance as though that amount were Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises Extra Work subject to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) belowparagraph 7, or (ii2) revise Revise the Tenant Space Plan Information in order to assure that the Tenant Tenant's Estimated Space Planning Cost Proposal is either (aA) no more than the Tenant Allowance, Space Planning Allowance or (bB) in excess of the Tenant Space Planning Allowance by an amount which Tenant agrees to pay pursuant to clause (i1) immediately above. Following Each day from the date which is five (5) days following Tenant's receipt of the Tenant's Estimated Space Planning Cost until the fulfillment of Tenant's obligations in either clause (1) or clause (2) immediately above will be a day of Tenant's delay. Upon Tenant's fulfillment of its obligations in either clause (1) or clause (2) immediately above, the Tenant's Estimated Space Planning Cost will be deemed approved. If the Tenant's Estimated Space Planning Cost is less than the Space Planning Allowance, the Tenant's Estimated Space Planning Cost will be deemed approved without notice to Tenant. B. After approval of the Tenant's Estimated Space Planning Cost, Landlord will cause to be prepared and delivered to Tenant the proposed Tenant Space Plan. Within five (5) days after its receipt of the proposed Tenant Space Plan, Tenant will give Landlord written notice whether or not Tenant approves the proposed Tenant Space Plan. If Tenant fails to give Landlord that notice by that fifth day, then, in addition to any other rights which it may have on account of that failure, Landlord may consider each day following that fifth day until its receipt of Tenant's notice to be a day of delay by Tenant. If Tenant's notice objects to the proposed Tenant Space Plan, the notice will set forth how the proposed Tenant Space Plan is inconsistent with the Tenant Information and how the Proposed Tenant Space Plan must be changed in order to overcome Tenant's objections. Landlord will submit a revised Tenant Space Plan to Tenant. The revised Tenant Space Plan, and any revisions to it, will be treated as though they were the first proposed Tenant Space Plan prepared pursuant to this paragraph. If the proposed Tenant Space Plan, or any revision to it, is not inconsistent with the Tenant Information, then each day following Landlord's receipt of Tenant's objections until Landlord's receipt of Tenant's approval of a Tenant Space Plan will be a day of Tenant's delay. C. After approval of the Tenant Space Plan, Landlord will promptly prepare a preliminary estimate of the cost of Tenant's improvements, including without limitation permits, taxes, and all architectural, engineering and construction contractor's fees associated therewith (the "Tenant's Estimated Construction Cost"), as set forth in the Tenant Space Plan. If the Tenant's Estimated Construction Cost is more than the Construction Allowance, Landlord will so notify Tenant in writing and Tenant will either: (1) Agree in writing to pay the amount by which the Tenant's Estimated Construction Cost exceeds the Construction Allowance as though that amount were Tenant Extra Work subject to paragraph 7, or (2) Revise the Tenant Space Plan in order to assure that the Tenant's Estimated Construction Cost is either (A) no more than the Construction Allowance or (B) in excess of the Construction Allowance by an amount which Tenant agrees to pay pursuant to clause (1) immediately above. Each day from the date which is five (5) days following Tenant's receipt of the Tenant's Estimated Construction Cost until the fulfillment of Tenant's obligations in either clause (1) or clause (2) immediately above will be a day of Tenant's delay. Upon Tenant's fulfillment of its obligations in either clause (1) or clause (2) immediately above, the Tenant's Estimated Construction Cost will be deemed approved. If the Tenant's Estimated Construction Cost is less than the Construction Allowance, the Tenant's Estimated Construction Cost will be deemed approved without notice to Tenant. D. After approval of the Tenant's Estimated Construction Cost, Landlord will cause to be prepared and delivered to Tenant working drawings for the Premises ("Tenant Working Drawings Drawings"), an estimated construction schedule (the "Construction Schedule"), and a cost proposal (the "Tenant Cost Proposal") for construction of Tenant's improvements in accordance with Tenant Working Drawings. The Construction Schedule will set forth time frames for approval. If the Tenant Cost Proposal by Tenantis less than the sum of the Construction Allowance and any amount in excess of the Construction Allowance which Tenant has agreed to pay pursuant to paragraph 6.C, Tenant shall cause Space Planner Landlord will take steps necessary to make application complete construction of the improvements to the appropriate governmental authorities for necessary approvals Premises. If the Tenant Cost Proposal is more than the sum of the Construction Allowance plus any amount which Tenant has agreed to pay pursuant to clause (1) of paragraph 6.C immediately above (such greater amount, the "Maximum Approved Cost"), Landlord will so notify Tenant in writing and building permits. Landlord acknowledges Tenant will either (1) agree in writing to pay the amount by which the Tenant Cost Proposal exceeds the Maximum Approved Cost as though that additional amount were Tenant Extra Work subject to paragraph 7 or (2) revise the Tenant Working Drawings will be submitted simultaneously in order to Landlord and assure that the City for reviewTenant Cost Proposal is no more than the Maximum Approved Cost. Upon Each day from the date which is five (5) days following Tenant's receipt of the Tenant's Cost Proposal until the fulfillment of Tenant's obligations in either clause (1) or clause (2) immediately above will be a day of Tenant's delay. Upon Tenant's fulfillment of its obligations under either clause (1) or clause (2) immediately above, Landlord will take steps necessary approvals to complete construction of the improvements to the Premises. E. All work will be performed by one or more contractors selected and permitsengaged by Landlord, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified after a competitive bidding process in Tenant’s Working Drawings are unavailable or not available within the time required for timely completion.which Landlord shall obtain bids from at least three (3)

Appears in 1 contract

Samples: Lease Agreement (Tanning Technology Corp)

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Schedule of Tenant Improvement Activities. (a) On or before the Submission Date, Tenant shall cooperate with and will submit to Space Planner Landlord the information improvement plan for the Premises (the "Tenant Information”) necessary for the Space Planner to prepare the Tenant’s Space Plan for the PremisesPlan"). Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem within Within five (5) business days after its receipt of the proposed Tenant Space Plan, Landlord shall provide written notice of whether or not Landlord approves the proposed Tenant Space Plan. If Landlord fails to give Tenant said notice by the fifth day, then the Tenant Space Plan shall be deemed approved. If Landlord's notice objects to the proposed Tenant Space Plan, the notice will set forth how the proposed Tenant Space Plan fails to meet Landlord's requirements and how the proposed Tenant Space Plan must be changed in order to overcome Landlord's objections. Tenant will then submit a revised Tenant Space Plan to Landlord. (c) Upon receipt of the CD's, Landlord shall obtain bids from three (3) mutually agreeable contractors for construction of the Improvements. Landlord shall not be obligated to select the lowest bid, although it shall give due consideration to such fact. Final bids will be reviewed by Landlord and any revision thereafter within Tenant, but Landlord shall have the sole right to approve the same. Landlord shall choose a final bid, subject to Tenant's rights as provided below. Within two (2) business days following Landlord's submission to Tenant of receipt. After approval its choice of the Tenant’s Space Plan by Landlorda final bid, Tenant will promptly have prepared a preliminary estimate of the cost of the Tenant Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Space Plan (the “Tenant’s Estimated Construction Cost”). Tenant shall timely (not later than three (3) days after Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost to Landlord. After approval of Tenant’s Estimated Construction Cost, Space Planner will prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). Tenant shall cause Contractor to prepare from the documents a cost proposal (“Tenant Cost Proposal”) for construction of the Tenant Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule which will set forth estimated time frames for completion of construction of the Tenant Improvements. If the Tenant Cost Proposal is greater than the Tenant Allowance (“Excess Costs”), Tenant will so notify Landlord in writing and Tenant will either: either (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs andaccept such choice, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) below, or or (ii) revise the inform Landlord of Tenant's choice. If Tenant Space Plan in order to assure that the accepts Landlord's choice, then such choice shall be final. If Tenant Cost Proposal is either (a) no more than the does not accept Landlord's choice, then Tenant Allowanceshall inform Landlord of Tenant's choice, or (b) in excess of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately above. Following approval of the Tenant Working Drawings and the Tenant Cost Proposal bid chosen by Tenant, Tenant shall cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to accepted by both Landlord and the City Tenant and any applicable penalty clauses for review. Upon receipt of the necessary approvals and permits, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completiondelayed construction shall be inapplicable.

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

Schedule of Tenant Improvement Activities. a. On or before five (5) days after the execution of the Lease (“Submission Date”), Tenant shall cooperate with and submit to Space Planner the information (the “Tenant Information”) necessary for the Space Planner to prepare the Tenant’s Space Plan for the Premises. Landlord shall approve or reasonably disapprove Tenant’s Space Plan for a Design Problem shall be completed and submitted to Tenant and Landlord within thirty (30) days after the execution of the Lease. Within five (5) business days after receipt of the proposed Tenant Space Plan, Tenant shall give Landlord written notice whether or not Tenant approves the proposed Tenant Space Plan, and if objected to, Tenant shall specify Tenant’s particular objections thereto. Tenant will not unreasonably withhold Tenant’s Approval. If Tenant fails to timely submit the Tenant Information to the Space Planner, if the Space Plan is not timely completed and submitted to Tenant and Landlord, or if Tenant fails to timely give Landlord that notice by that fifth day, then in addition to any other rights which it may have on account of that failure, Landlord may consider each day following that fifth day until its receipt of Tenant’s notice to be a day of Tenant Delay, as defined in Section 7 below. If Tenant’s notice reasonably objects to the proposed Tenant Space Plan, the notice will set forth how the proposed Tenant Space Plan must be changed in order to overcome Tenant’s objections, and the Space Planner will submit a revised Tenant Space Plan to Tenant and Landlord within ten (10) days after receipt of the Tenant Objections. The revised Tenant Space Plan, and any revisions to it, will be treated as though it was the first proposed Tenant Space Plan prepared pursuant to this subparagraph (a). If the proposed Tenant Space Plan, or any revision thereafter within two (2) business days to it, is not inconsistent with the Tenant Information, then each day following Landlord’s receipt of receipt. Tenant’s objections until Landlord’s receipt of Tenant’s approval of a Tenant Space Plan will be a day of Tenant Delay. b. After approval of the Tenant’s Tenant Space Plan by LandlordPlan, Tenant Landlord will promptly have prepared prepare a preliminary estimate of the cost of the Tenant Tenant’s Improvements (hard and soft cost of Tenant Improvements only) as set forth in the Tenant Space Plan (the “Tenant’s Estimated Construction Cost”). If the Tenant’s Estimated Construction Cost is more than the Tenant shall timely Allowance, Landlord will so notify Tenant in writing and Tenant will either: (not later i) agree in writing to pay the amount by which the Tenant’s Estimated Construction Cost exceeds the Tenant Allowance as though that amount were Tenant Extra Work, subject to Section 5, or (ii) revise the Tenant Space Plan in order to assure that the Tenant’s Estimated Construction Cost is either (A) no more than the Tenant Allowance, or (B) in excess of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to clause (i) immediately above. Each day in excess of three (3) days after following Tenant’s receipt thereof) provide a copy of the Tenant’s Estimated Construction Cost until the fulfillment of Tenant’s obligations in either clause (i) or clause (ii) immediately above will be a day of Tenant’s Delay as defined in Section 7 below. Upon Tenant’s fulfillment of its obligation in either clause (i) or clause (ii) immediately above, the Tenant’s Estimated Construction Cost will be deemed approved. If the Tenant’s Estimated Construction Cost is less than the Tenant Allowance, the Tenant’s Estimated Construction Cost will be deemed approved without notice to Landlord. Tenant. c. After approval of the Tenant’s Estimated Construction Cost, Space Planner will prepare and deliver to Tenant, Landlord and Contractor working drawings for the Premises (“Tenant Working Drawings”). Tenant Landlord shall cause Contractor to prepare from the documents a cost proposal (the “Tenant Cost Proposal”) for construction of the Tenant Tenant’s Improvements (hard and soft cost of Tenant Improvements only) in accordance with the Tenant Working Drawings, and construction schedule a Construction Schedule which will set forth estimated time frames for completion of construction of the Tenant Improvementsconstruction. If the Tenant Cost Proposal is greater less than the sum of the Tenant Allowance and any Amount in excess of the Tenant Allowance which Tenant has agreed to pay pursuant to Section 4b, Landlord will take steps necessary to complete construction of the improvements to the Premises. If the Tenant Cost Proposal is more than the Tenant Allowance Allowance, plus any amount which Tenant has agreed to pay pursuant to clause (i) of Section 4b immediately above (the Excess CostsMaximum Approved Cost”), Tenant Landlord will so notify Landlord Tenant in writing and Tenant will shall either: (i) acknowledge that Landlord will not be responsible for payment of the Excess Costs and agree in writing to pay the Excess Costs andamount by which the Tenant Cost Proposal exceeds the Maximum Approved Cost as if that additional amount were Tenant Extra Work, in the event the Excess Costs exceed $15 per RSF of the Initial Premises, Tenant shall deposit the Excess Costs that exceed $15 per RSF of the Initial Premises subject to Landlord to be disbursed following completion of Tenant Improvements and Tenant’s delivery of the documents required by Section 10(e) below5, or (ii) revise the Tenant Space Plan Working Drawings in order to assure that the Tenant Cost Proposal is either (a) no more than the Tenant Allowance, or (b) Maximum Approved Cost. Each day in excess of three (3) days following Tenant’s receipt of the Tenant Allowance by an amount which Tenant agrees to pay pursuant to Tenant’s Cost Proposal until the fulfillment of Tenant’s obligations in either clause (i) or clause (ii) immediately above shall be a day of Tenant Delay. Upon Tenant’s fulfillment of its obligations in either clause (i) or clause (ii) above, Landlord will take steps necessary to complete construction of the improvements to the Premises. d. All work shall be performed by the Contractor and/or contractors approved by Landlord. Following approval of the Tenant Working Drawings and the Tenant Cost Proposal by TenantProposal, Tenant shall will cause Space Planner to make application to the appropriate governmental authorities for necessary approvals and building permits. Landlord acknowledges that the Tenant Working Drawings will be submitted simultaneously to Landlord and the City for review. Upon receipt of the necessary approvals and permitspermits and subject to receipt of the payment required under Section 5, the Contractor will begin construction. The Contractor may substitute materials of comparable or better quality if the materials specified in Tenant’s Working Drawings are unavailable or not available within the time required for timely completion.

Appears in 1 contract

Samples: Office Lease (Insys Therapeutics, Inc.)

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