Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Design, PA (the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 4 contracts
Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining shall retain Integrated DesignDesigns, PA (collectively, the “Architect”) as subcontractors to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to TenantTenant Improvements Allowance. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on LandlordTenant’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and first class nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “Architect”) to prepare the EXHIBIT B “Construction Documents,” as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by shall retain (or cause the Architect and or, on a design-build basis, the Contractor to retain) engineering consultants reasonably approved by Landlord (the “Engineers”), which approval shall be granted or withheld within five (5) business days following Tenant’s written request (if Landlord fails to notify Tenant of Landlord. ’s approval or disapproval of any such Engineers within such five (5) business day period, Tenant shall deliver Landlord an additional notice requesting approval and if Landlord thereafter fails to respond within three (3) business days of receipt of such additional notice, then Landlord will be deemed to have approved such Engineers), to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Designpart of the Base Building, PA and may retain another Architect or Architects from time to time, provided, however, Tenant agrees that any such other Architects it shall be subject required to hire (i) Nishkian Xxxxxxxxx for all structural work, and(ii) The Fire Consultants, Inc. for all fire-life-safety work, or any other replacement engineers, designated by Landlord’s reasonable approval, for such structural or fire-life-safety work, provided that such Engineers charge commercially competitive rates for the work in question. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” Tenant shall deliver one (1) hard copy and one (1) electronic copy of the Construction Documents to Landlord. Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the Substantial Completion of the Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with be delivered in a CAD drawing format. Tenant and Architect shall verify the drawing format dimensions and specifications conditions as reasonably determined by Landlordshown on the relevant portions of the Base Building Construction Drawings Specifications, and Tenant and Architect shall be subject to solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents, and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, waiver and the fees associated with indemnity set forth in this peer review Lease shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the LeaseConstruction Documents.
Appears in 2 contracts
Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by shall retain (or cause the Architect and or, on a design-build basis, the Contractor to retain) engineering consultants reasonably approved by Landlord (the “Engineers”), which approval shall be granted or withheld within five (5) business days following Tenant’s written request (if Landlord fails to notify Tenant of Landlord. ’s approval or disapproval of any such Engineers within such five (5) business day period, Tenant shall deliver Landlord an additional notice requesting approval and if Landlord thereafter fails to respond within three (3) business days of receipt of such additional notice, then Landlord will be deemed to have approved such Engineers), to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Designpart of the Base Building, PA and may retain another Architect or Architects from time to time, provided, however, Tenant agrees that any such other Architects it shall be subject required to hire (i) Landlord’s reasonable approvalpreferred structural engineer for all structural work, and(ii) Landlord’s preferred engineers for all fire-life-safety work, or any other replacement engineers, designated by Landlord, for such structural or fire-life-safety work, provided that such Engineers charge commercially competitive rates for the work in question. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” Tenant shall deliver one (1) hard copy and one (1) electronic copy of the Construction Documents to Landlord. Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the Substantial Completion of the Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with be delivered in a CAD drawing format. Tenant and Architect shall verify, in the drawing format field, the dimensions and specifications conditions as reasonably determined by Landlordshown on the relevant portions of the Base Building Construction Drawings Specifications, and Tenant and Architect shall be subject to solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents, and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, waiver and the fees associated with indemnity set forth in this peer review Lease shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the LeaseConstruction Documents.
Appears in 2 contracts
Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)
Selection of Architect/Construction Documents. Landlord consents shall cause Landlord’s design/build contractor to Tenant retaining Integrated Designretain LDa Architecture & Interiors and R.E. XXXXXXX ARCHITECTS & PLANNERS, PA INC. (collectively, the “Architect”) as subcontractors to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated Landlord may cause Landlord’s design/build contractor to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would delay completion of the Tenant Improvements beyond November 1, 2013 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay, (ii) would delay completion of the Landlord Work beyond November 1, 2013 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay; (iii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiv) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iiiv) is not consistent with the existing quality and first class nature of the Building, or (ivvi) otherwise do not comply with the provisions of the Lease.
Appears in 2 contracts
Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “"Architect”") to prepare the “"Construction Documents,” " as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by shall retain (or cause the Architect and or, on a design-build basis, the Contractor to retain) engineering consultants reasonably approved by Landlord (the "Engineers"), which approval shall be granted or withheld within five (5) business days following Tenant's written request (if Landlord fails to notify Tenant of Landlord. 's approval or disapproval of any such Engineers within such five (5) business day period, Tenant shall deliver Landlord an additional notice requesting approval and if Landlord thereafter fails to respond within three (3) business days of receipt of such additional notice, then Landlord will be deemed to have approved such Engineers), to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Designpart of the Base Building, PA and may retain another Architect or Architects from time to time, provided, however, Tenant agrees that any such other Architects it shall be subject required to hire (i) Landlord’s reasonable approval's preferred structural engineer for all structural work, and(ii) Landlord's preferred engineers for all fire-life-safety work, or any other replacement engineers, designated by Landlord, for such structural or fire-life-safety work, provided that such Engineers charge commercially competitive rates for the work in question. The plans and drawings to be prepared by Architect and 738132.04/XXX000000-00001/6-26-15/alf/alf EXHIBIT X-00- 000 XXXXXXX[Dropbox, Inc.] the Engineers hereunder shall be known collectively as the “"Construction Documents.” " Tenant shall deliver one (1) hard copy and one (1) electronic copy of the Construction Documents to Landlord. Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the Substantial Completion of the Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with be delivered in a CAD drawing format. Tenant and Architect shall verify, in the drawing format field, the dimensions and specifications conditions as reasonably determined by Landlordshown on the relevant portions of the Base Building plans, and Tenant and Architect shall be subject to Landlord’s and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer reviewsolely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord's review of the fees associated with Construction Documents as set forth in this peer review Section 3, shall be paid from the Landlord’s Project Oversight Fee for its sole purpose and shall not result in an additional charge imply Landlord's review of the same, or obligate Landlord to Tenantreview the same, for quality, design, Code compliance or other like matters. Landlord has no obligation to approve Accordingly, notwithstanding that any Tenant Change or any Tenant Improvements not shown on the plans previously approved Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or reasonably inferable therefrom ifLandlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing connection therewith and shall not be responsible for any other work omissions or errors contained in the BuildingConstruction Documents, not including the Tenant Improvements, unless and Tenant's waiver and indemnity set forth in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change this Lease shall specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the LeaseConstruction Documents.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Design, PA (collectively, the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated shall also retain the engineering consultants designated by Landlord (the “Engineers”) to retain Integrated Designprepare all plans and engineering working drawings relating to the structural, PA mechanical, electrical, plumbing, HVAC and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approvallifesafety work of the Tenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval. Tenant and TenantArchitect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s approvalreview of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Lease (Precision Biosciences Inc)
Selection of Architect/Construction Documents. Landlord consents Following the Commencement Date, Tenant may enter the Premises in order to Tenant retaining Integrated Design, PA commence construction of the initial improvements to the Premises necessary to make the Premises ready for Tenant’s occupancy (the “Finish Work”). Tenant shall retain a qualified architect for the Finish Work (“Tenant’s Architect”) ), subject to prepare Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed). Tenant shall cause Tenant’s Architect, engineers, and other professionals engaged in the “Construction Documents,” as that term is defined in design of the Finish Work to comply with the provisions of this Section 3.1 Work Letter and of Article 8 of the Lease. The services of structural, mechanical, electrical and plumbing engineers retained by Tenant or Tenant’s Architect for the Tenant Improvements, together with design of the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects Finish Work shall be subject to Landlord’s reasonable approvalthe approval of Landlord with approval shall not be unreasonably withheld, conditioned or delayed. The plans and drawings to be prepared Even though such engineers may have been otherwise engaged by Architect hereunder Landlord in connection with the Building, Tenant shall be known solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Finish Work Allowance with respect to the Finish Work) and for the adequacy and completeness of the Construction Documents submitted to Landlord. Tenant shall cause Tenant’s Architect to prepare schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, shall be referred to collectively herein as the “Construction Documents.” ”). All Construction Documents shall reasonably comply with Applicable Laws and with the drawing format and specifications as reasonably determined provided by Landlord, and shall be subject to Landlord’s review and Tenantapproval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s approvalthird party plan review fees. Landlord may hire an architectural firm shall review and approve, or disapprove by written notice in sufficient detail for Tenant to conduct a peer reviewbe able to reply, within ten (10) business days following the proper submission of any Construction Documents. All approvals, inspections, and the fees associated requirements of Landlord with this peer review respect to any Construction Documents and Finish Work shall be paid from the for Landlord’s Project Oversight Fee benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not result in an additional charge to affect Tenant’s responsibility for the same. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not The Finish Work shall mean the work shown on the plans previously final, approved Construction Documents, as affected by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s approved Finish Work Change Estimate Notice Orders (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: And Attornment Agreement (Organogenesis Holdings Inc.)
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Design, PA (collectively, the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated shall also retain the engineering consultants designated by Landlord (the “Engineers”) to retain Integrated Designprepare all plans and engineering working drawings relating to the structural, PA mechanical, electrical, plumbing, HVAC and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approvallifesafety work of the Tenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval. Tenant and TenantArchitect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s approvalreview of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on 304134396 v5 Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Lease (Precision Biosciences Inc)
Selection of Architect/Construction Documents. Landlord consents shall cause Landlord’s design/build contractor to Tenant retaining Integrated Designretain XxXxxxxxx Architects, PA Inc. (collectively, the “Architect”) as subcontractors to prepare the “Construction Documents,” ”, as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated Landlord may cause Landlord’s design/build contractor to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” ”. All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would delay completion of the Tenant Improvements beyond June 30, 2021 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay, (ii) would delay completion of the Landlord Work beyond June 30, 2021 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay; (iii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiv) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iiiv) is not consistent with the existing quality and nature of the Building, or (ivvi) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “"Architect”") to prepare the “"Construction Documents,” " as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by the Architect and shall retain engineering consultants reasonably approved by Landlord. Tenant Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, part of the Base Building; provided, however, that any such other Architects Tenant hereby agrees and shall be subject required to Landlord’s hire Honeywell for fire-life-safety work and DDC for HVAC controls; provided that Landlord shall use commercially reasonable approvalefforts to cause Honeywell to charge a competitive market price. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “"Construction Documents.” " Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the substantial completion of the Tenant Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s 's approval. Landlord may hire an architectural firm to conduct a peer reviewTenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and the fees associated with this peer review Tenant and Architect shall be paid from solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s Project Oversight Fee 's review of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not result in an additional charge imply Landlord's review of the same, or obligate Landlord to Tenantreview the same, for quality, design, Code compliance or other like matters. Landlord has no obligation to approve Accordingly, notwithstanding that any Tenant Change or any Tenant Improvements not shown on the plans previously approved Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or reasonably inferable therefrom ifLandlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing connection therewith and shall not be responsible for any other work omissions or errors contained in the BuildingConstruction Documents, not including the Tenant Improvements, unless and Tenant's waiver and indemnity set forth in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change this Lease shall specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the LeaseConstruction Documents.
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Selection of Architect/Construction Documents. Landlord consents Tenant shall cause Tenant’s design/build contractor to Tenant retaining Integrated Designretain Xxxxx Xxxxxx (collectively, PA (the “Architect”) as subcontractors to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated may cause Tenant’s design/build contractor to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid by Landlord and not from the Landlord’s Project Oversight Fee and shall not result in an additional charge to TenantTenant Improvements Allowance. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), as reasonably determined, (iii) is not consistent with the existing quality and first class nature of the Building, as reasonably determined, or (iv) otherwise do not materially comply with the provisions of the Lease.
Appears in 1 contract
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Designshall retain Pxxxxxxx Architecture (collectively, PA (the “Architect”) as subcontractors to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated to retain Integrated Design, PA and Landlord may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would delay completion of the Tenant Improvements beyond September 1, 2019 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay, (ii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iiiv) is not consistent with the existing quality and first class nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Keystone Technology Park Lease (Heat Biologics, Inc.)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by the Architect and shall retain engineering consultants reasonably approved by Landlord. Tenant Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, part of the Base Building; provided, however, that any such other Architects Tenant hereby agrees and shall be subject required to Landlord’s hire Honeywell for fire-life-safety work and DDC for HVAC controls; provided that Landlord shall use commercially reasonable approvalefforts to cause Honeywell to charge a competitive market price. Landlord hereby approves of Xxxxxx Xxxxxxxx Xxxxxxx as the Architect and Tipping Mar (Structural) and CB Engineers (Mechanical, Electrical, Plumbing, Fire Protection) as the Engineers. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” Tenant shall deliver one (1) hard copy and one (1) electronic copy of the Construction Documents to Landlord within ninety (90) days after the Space Plan Delivery Date. Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the Substantial Completion of the Tenant Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with the reasonable drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents, and Tenant’s approval. Landlord may hire an architectural firm to conduct a peer review, waiver and the fees associated with indemnity set forth in this peer review Lease shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the LeaseConstruction Documents.
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Design, PA (collectively, the “Architect”) to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated shall also retain the engineering consultants designated by Landlord (the “Engineers”) to retain Integrated Designprepare all plans and engineering working drawings relating to the structural, PA mechanical, electrical, plumbing, HVAC and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to Landlord’s reasonable approvallifesafety work of the Tenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s reasonable approval. Tenant and TenantArchitect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s approvalreview of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Documents. Landlord may hire an architectural firm to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Error! Unknown document property name. Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Lease (Precision Biosciences Inc)
Selection of Architect/Construction Documents. Tenant shall retain an architect/space planner reasonably approved by Landlord consents to Tenant retaining Integrated Design, PA (the “"Architect”") to prepare the “"Construction Documents,” " as that term is defined in this Section 3.1 for the 3.1. Tenant Improvements, together with the consulting engineers selected by the Architect and shall retain engineering consultants reasonably approved by Landlord. Tenant Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, lifesafety, and sprinkler work in the Premises, which work is not obligated to retain Integrated Design, PA and may retain another Architect or Architects from time to time, part of the Base Building; provided, however, that any such other Architects Tenant hereby agrees and shall be subject required to Landlord’s hire the contractor directed by Landlord for fire-life-safety work and DDC for HVAC controls; provided that Landlord shall use commercially reasonable approvalefforts to cause such contractors to charge a competitive market price. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “"Construction Documents.” " Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Documents to be transferred to Tenant upon the substantial completion of the Tenant Improvements and Tenant hereby grants to Landlord a non-exclusive right to use such Construction Documents, including, without limitation, a right to make copies thereof. All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s 's approval. Landlord may hire an architectural firm to conduct a peer reviewTenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and the fees associated with this peer review Tenant and Architect shall be paid from solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s Project Oversight Fee 's review of the Construction Documents as set forth in this Section 3, shall be for its sole purpose and shall not result in an additional charge imply Landlord's review of the same, or obligate Landlord to Tenantreview the same, for quality, design, Code compliance or other like matters. Landlord has no obligation to approve Accordingly, notwithstanding that any Tenant Change or any Tenant Improvements not shown on the plans previously approved Construction Documents are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or reasonably inferable therefrom ifLandlord's space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in Landlord’s reasonable judgment, such Tenant Improvements (i) would materially increase the cost of performing connection therewith and shall not be responsible for any other work omissions or errors contained in the BuildingConstruction Documents, not including the Tenant Improvements, unless and Tenant's waiver and indemnity set forth in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (ii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change this Lease shall specifically apply to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.Construction Documents. EXHIBIT B
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Selection of Architect/Construction Documents. Landlord consents to Tenant retaining Integrated Designshall retain Pxxxxxxx Architecture (collectively, PA (the “Architect”) as subcontractors to prepare the “Construction Documents,” as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated to retain Integrated Design, PA and Landlord may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) intentionally omitted, (ii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iiiv) is not consistent with the existing quality and first class nature of the Building, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Heat Biologics, Inc.
Selection of Architect/Construction Documents. Landlord consents shall cause Landlord’s design/build contractor to Tenant retaining Integrated Designretain MxXxxxxxx Architects, PA Inc. (collectively, the “Architect”) as subcontractors to prepare the “Construction Documents,” ”, as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Tenant is not obligated Landlord may cause Landlord’s design/build contractor to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” ”. All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would delay completion of the Tenant Improvements beyond June 30, 2021 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay, (ii) would delay completion of the Landlord Work beyond June 30, 2021 unless Tenant agrees in writing that such work constitutes a Tenant Delay and Landlord and Tenant agree in writing to the amount of such Tenant Delay; (iii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiv) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iiiv) is not consistent with the existing quality and nature of the Building, or (ivvi) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Selection of Architect/Construction Documents. Landlord consents shall cause Landlord’s design/build contractor to Tenant retaining Integrated Design, PA retain Xxxxxxxx Xxxx Xxxxxxx Architects (the “Architect”) as subcontractors to prepare the “Construction Documents,” ”, as that term is defined in this Section 3.1 for the Tenant Improvements, together with the consulting engineers selected by the Architect and reasonably approved by Landlord. Landlord acknowledges and agrees that a third-party clean room vendor will be required to prepare the plans and specifications for the clean room improvements, and such third-party clean room vendor will be selected by Tenant is not obligated and reasonably approved by Landlord. Landlord may cause Landlord’s design/build contractor to retain Integrated Design, PA and may retain another Architect or Architects from time to time, provided, however, that any such other Architects shall be subject to LandlordTenant’s reasonable approval. The plans and drawings to be prepared by Architect hereunder shall be known collectively as the “Construction Documents.” ”. All Construction Documents shall reasonably comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s and Tenant’s approval. Landlord Tenant may hire an architectural firm reasonably approved by Landlord to conduct a peer review, and the fees associated with this peer review shall be paid from the Landlord’s Project Oversight Fee and shall not result in an additional charge to solely by Tenant. Landlord has no obligation to approve or perform any Tenant Change or any Tenant Improvements not shown on the plans previously approved by Landlord and Tenant or reasonably inferable therefrom if, in Landlord’s reasonable judgment, such Tenant Improvements (i) would delay completion of the Tenant Improvements beyond June 9, 2022, unless Tenant agrees in writing that such work constitutes a Tenant Delay (to the extent such work causes Substantial Completion to be delayed beyond such date) and Landlord and Tenant agree in writing to the amount of such Tenant Delay, (ii) would materially increase the cost of performing any other work in the Building, not including the Tenant Improvements, unless in each case Tenant agrees to pay such costs based on Landlord’s Change Estimate Notice (as defined below), (iiiii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan (as defined below), (iii) is not consistent with the existing quality and nature of the Buildingwould have a materail adverse affect ont eh Building structure or systems, or (iv) otherwise do not comply with the provisions of the Lease.
Appears in 1 contract
Samples: Aethlon Medical Inc