Common use of Selection of Architect/Construction Drawings Clause in Contracts

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC work of the Improvements and any relevant components of the Landlord Work. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by Landlord, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

AutoNDA by SimpleDocs

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner designated by Tenant and reasonably approved in advance by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Tenant and reasonably approved in advance by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Ixia)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain Gensler (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components Improvements. Landlord shall ensure that the charges of the Landlord WorkEngineers are competitive (although not necessarily the lowest available). The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Lease (Investment Technology Group Inc), Lease (Investment Technology Group Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord Landlord’s Work. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the reasonable drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, which approval shall not be unreasonably conditioned or withheld unless a “Design Problem,” as more particularly set forth that term is defined in Sections 3.2 and Section 3.3, below. Notwithstanding , exists, in which event, Landlord’s retention approval shall be in Landlord’s sole discretion. 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 and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves Partners by Design, Inc. as the Architect. Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Standard Office Lease, Standard Office Lease (Coinstar Inc)

Selection of Architect/Construction Drawings. Tenant shall retain --------------------------------------------- an architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”"ARCHITECT") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”"ENGINEERS") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings"CONSTRUCTION DRAWINGS.” All " An Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval 's reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Lease (UC Hub Group Inc), Lease (UC Hub Group Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably and mutually agreed upon by Landlord shall retain, on behalf of Tenant, FPBA Architects and Tenant (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord The Contractor (as that term is defined in Section 4.1 of this Work Letter) shall retain, on behalf of Tenant, engineering consultants and/or provide design-build services from qualified, Landlord-approved mechanical, electrical and plumbing contractors for the preparation of plans and engineering working drawings related to the Improvements. Tenant shall retain the engineering consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, HVAC, lifesafety, and sprinkler work in the Premises, which work is not part of the Base Building, provided that Tenant shall retain the subcontractors designated in Schedule 2 attached hereto for the fire alarm design and programming work (the “Fire Alarm Subcontractor”) and for building management systems (the “BMS Subcontractor”). Should Tenant choose to prepare fully engineered drawings in lieu of the design-build approach described above, then Tenant shall retain the Engineers to prepare all plans and engineering working drawings relating to the mechanical, electrical, electrical and plumbing and HYAC work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect Architect, the design-build contractors (unless Tenant selects the fully engineered drawings approach described above), the Fire Alarm Subcontractor, the BMS Subcontractor and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Landlord hereby approves Gensler and Revel to be the Architect if Tenant selects them. All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain an architect/space planner reasonably approved in advance by Xxxxxxxx (the “Architect”) to prepare the “Construction DrawingsDocuments,” as that term is defined in this Section 3.1. Landlord 1HED is hereby approved as Architect if one of these firms is selected by Tenant. Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans engineering construction documents and engineering working drawings specifications relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements Base Building. Xxxxxxxx xxxxxx agrees that the Engineers or other consultants listed on Schedule 1 attached hereto are approved if selected by Tenant. Notwithstanding the foregoing, in the event that Tenant shall not retain Landlord’s designated mechanical, electrical and any relevant components plumbing engineer (Xxxxx Xxxxxxx) and/or Landlord’s designated structural engineer (Engineered Spaces, Inc.), then Tenant shall be responsible for the reasonable, out-of-pocket cost of review of the applicable plans by Landlord’s designated mechanical, electrical and plumbing engineer and/or Landlord’s designated structural engineer, as applicable. Landlord Workhereby approves VVA, LLC, as project manager if selected by Tenant. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction DrawingsDocuments.” All Construction Drawings Documents shall comply with the reasonable industry standard drawing format formats and specifications as determined by Landlordspecifications, and shall be subject to Landlord’s reasonable approval (as more particularly set forth in Sections 3.2 and 3.3below), below. Notwithstanding Landlord’s retention of the Architect and Engineerswhich shall not be unreasonably withheld, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconditioned or delayed. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings Documents are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity Documents except as expressly set forth in this Lease shall specifically apply to such portions of the Construction Drawingsherein.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain Architectural Interiors (Xxxx Xxxxx) (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord and reasonably approved by Tenant (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by LandlordLandlord (and reasonably approved by Tenant), and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 32, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions the Construction Drawings, unless and to the extent Landlord expressly requires a particular modification of the Construction Drawings to be made as a condition to Landlord's approval of the Construction Drawings, to which condition Tenant timely objects. Each time Landlord is granted the right to review, consent or approve any space plan or construction drawings such consent shall be granted unless a Design Problem (as defined below) exists.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Amn Healthcare Services Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA retain DGA Architects (the “Architect”) to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Such approval shall retainbe granted or denied within three (3) business days upon request, on behalf of Tenant, and Landlords’ failure to respond within such three (3) business day period shall be deemed approval by Landlord. Tenant shall retain engineering consultants and/or design-build consultants designated approved in writing, in advance by Landlord Landlord, such approval not to be unreasonably withheld (the “EngineersBuilding Consultants”) to prepare all plans and engineering working drawings and perform all work relating to the mechanical, electrical and plumbing (“MEP”), HVAC/Air Balancing, life-safety, structural, mechanical, electrical, plumbing sprinkler and HYAC work riser work. Landlord acknowledges its pre-approval of the Improvements and any relevant components of the Landlord Workfollowing Building Consultants: MEP: Interface Structural: Xxxxxxxxxx & Chekene. The plans and drawings to be prepared by Architect and the Engineers Building Consultants hereunder (i.e., both the Space Plan and the Working Drawings, as each term is defined below) shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined or approved by Landlord, Landlord and shall be subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed. Such approval as more particularly set forth in Sections 3.2 shall be granted or denied within ten (10) business days after delivery to Landlord, and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineersfailure to respond within such ten (10) business day period, Tenant if such failure continues following a second, five (5) business day notice, shall be responsible for, and shall fully cooperate and coordinate in good faith with deemed approval by Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation Any disapproval of the Construction DrawingsDrawings shall accompany Landlord’s detailed reasons for such disapproval. All MEP drawings must be fully engineered and cannot be prepared on a “design-build” basis. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Office/Laboratory Lease (Dynavax Technologies Corp)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved in advance by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated reasonably approved in advance by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work in the Premises or the Building, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building Plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its Landlord’s sole purpose and shall not imply Landlord’s review of the samesame for the benefit of any other person, including, without limitation, Tenant, Architect, or Contractor, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Splunk Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably and mutually agreed upon by Landlord shall retain, on behalf of Tenant, FPBA Architects and Tenant (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord The Contractor (as that term is defined in Section 4.1 of this Work Letter) shall retain, on behalf of Tenant, engineering consultants and/or provide design-build services from qualified, Landlord-approved mechanical, electrical and plumbing contractors for the preparation of plans and engineering working drawings related to the Improvements. Landlord hereby approves Gensler as the Architect if Tenant decides to select them. Tenant shall retain the engineering consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, HVAC, lifesafety, and sprinkler work in the Premises, which work is not part of the Base Building, provided that Tenant shall retain the subcontractors designated in Schedule 2 attached hereto for the fire alarm design and programming work (the “Fire Alarm Subcontractor”) and for building management systems (the “BMS Subcontractor”). Landlord hereby approves Gensler as the Engineer if Tenant decides to select them. Should Tenant choose to prepare fully engineered drawings in lieu of the design-build approach described above, then Tenant shall retain the Engineers to prepare all plans and engineering working drawings relating to the mechanical, electrical, electrical and plumbing and HYAC work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect Architect, the design-build contractors (unless Tenant selects the fully engineered drawings approach described above), the Fire Alarm Subcontractor, the BMS Subcontractor and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Landlord hereby approves Gensler and Revel to be the Architect if Tenant selects them. All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease the Lease, as amended, shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the certain “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC work of the Improvements and any relevant components of the Landlord Workas provided for in this Tenant Work Letter. The plans and drawings to be prepared by Architect and the Engineers hereunder hereunder, which shall be deemed to include, without limitation, the “Final Working Drawings,” as that term is defined in Section 3.3 of this Tenant Work Letter, along with the Systems Plans, shall collectively be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by LandlordArchitect, and shall be subject to Landlord’s approval reasonable approval. Landlord agrees that AutoCAD is an acceptable drawing format. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, 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. AccordinglyFurther, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed and/or prepared by LandlordLandlord or its space planner, architect, engineers and consultants, and/or by Contractor or the “Subcontractors”, as that term is defined in Section 3.4.2, below, as the case may be, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants and/or by Contractor or the Subcontractors, as the case may be, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings. Landlord hereby approves JPC Architects as the “Architect” and HST Construction as a possible Contractor.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord For the purposes of this Tenant Work Letter, Studio O+A is hereby approved as Tenant’s Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval which will not be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordEXHIBIT B 000 XXX XXXXXXXXXX XXXXXX 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain an architect/space planner reasonably approved in advance by Xxxxxxxx (the “Architect”) to prepare the “Construction DrawingsDocuments,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans engineering construction documents and engineering working drawings specifications relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Expansion Premises, which work is not part of the Improvements Base Building. Xxxxxxxx xxxxxx agrees that the Engineers or other consultants listed on Schedule 1 attached hereto are approved if selected by Tenant. Notwithstanding the foregoing, in the event that Tenant shall not retain Landlord’s designated mechanical, electrical and any relevant components plumbing engineer (Engineered Spaces, Inc.) and/or Landlord’s designated structural engineer (Xxxxx Xxxxxxx), then Tenant shall be responsible for the reasonable, out-of-pocket cost of review of the applicable plans by Landlord’s designated mechanical, electrical and plumbing engineer and/or Landlord’s designated structural engineer, as applicable. In addition, in the event that Tenant shall not retain Landlord’s designated consultant (Xxxxxx Xxxxxx) as its smoke control consultant, then Tenant shall be responsible for the reasonable, out-of-pocket costs of review of the applicable plans by Xxxxxxxx’s designated smoke control consultant. Landlord Workhereby approves Newmark Xxxxxx Xxxxx, as project manager if selected by Tenant. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction DrawingsDocuments.” All Construction Drawings Documents shall comply with the reasonable industry standard drawing format formats and specifications as determined by Landlordspecifications, and shall be subject to Landlord’s reasonable approval (as more particularly set forth in Sections 3.2 and 3.3below), below. Notwithstanding Landlord’s retention of the Architect and Engineerswhich shall not be unreasonably withheld, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconditioned or delayed. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings Documents are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity Documents except as expressly set forth in this Lease shall specifically apply to such portions of the Construction Drawingsherein.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of retain an architect/space planner selected by Tenant, FPBA Architects subject to Landlord’s reasonable approval (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of retain the engineering consultants selected by Tenant, engineering consultants and/or design-build consultants designated by Landlord subject to Landlord’s reasonable approval (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components Base Building. Landlord shall approve or disapprove of Tenant’s proposed Architect or Engineers, as the case may be, within five (5) business days following Tenant’s submission of the Landlord Workname(s) of Tenant’s proposed Architects or Engineers, respectively, together with all documentation and other information reasonably required by Landlord. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Favrille Inc), Office Lease (Favrille Inc)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA retain Xxxxxx and Xxxx Architects (the “Architect”) as its architect to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 by Landlord and 3.3, belowTenant. Notwithstanding Landlord’s retention of the Architect and Engineersforegoing, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by Landlord or prepared by Landlord’s architect, engineers or consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease the Lease, as amended, shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves Studio as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Suite 400 Expansion Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Tenant acknowledges that a concrete masonry shear wall exists on the west demising wall of Suite 4000 in the Premises. Any penetrations of the shear wall will require structural engineering review, and the Construction Drawings shall include any shear replacement values. Any and all Landlord’s initials /s/ K.W. Tenant’s initials /s/ B.R. EXHIBIT B Third Amendment 5 Lyft, Inc. such costs shall be payable by Tenant subject to reimbursement from the Suite 400 Improvement Allowance. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease (as amended) shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.13.2. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated selected by Landlord Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Industrial Real Estate Lease (Pacira Pharmaceuticals, Inc.), Industrial Real Estate Triple Net Lease (Pacira Pharmaceuticals, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner (the “Architect”) approved by Landlord, which approval shall not be unreasonably withheld, to prepare the Construction Drawings,” as that term is defined in this Section 3.1Drawings for the applicable Construction Premises. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life-safety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord Workin such applicable Construction Premises. The plans and drawings to be prepared by Architect and the Engineers hereunder for each such Construction Premises shall be known collectively as the “Construction Drawings.” All Construction Drawings for each such applicable Construction Premises shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval, which approval as more particularly set forth shall not be unreasonably withheld, conditioned, or delayed; provided however, Landlord may withhold its approval to any such Construction Drawings in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention sole and absolute discretion to the extent the tenant improvements depicted in such Construction Drawings would (a) adversely affect the structural components of the Building or any mechanical, plumbing, electrical, HVAC and/or life-safety systems of the Building, or (b) be visible from or affect any area located outside the Premises. Tenant and Architect shall verify, in the field, the dimensions and Engineersconditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings for each such applicable to the Improvements (as opposed to Landlord Work) and Construction Premises 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 with Legal Requirements or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings for any applicable Construction Premises are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to Drawings for such portions of the applicable Construction DrawingsPremises.

Appears in 2 contracts

Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain the architect/space planner designated by Tenant and approved by Landlord, on behalf of Tenant, FPBA Architects such approval not to be unreasonably withheld (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord Tenant and approved by Landlord, such approval not to be unreasonably withheld (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, belowapproval. Notwithstanding Landlord’s retention The Construction Drawings shall include drawings for the improvement of the Unfinished Areas. Tenant and Architect shall verify, in the field, the dimensions and Engineersconditions as shown on the relevant portions of the Base Building plans, and Tenant and Architect shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain an architect/space planner reasonably approved in advance by Xxxxxxxx (the “Architect”) to prepare the “Construction DrawingsDocuments,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans engineering construction documents and engineering working drawings specifications relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Second Additional Basement Premises, which work is not part of the Improvements Base Building. Xxxxxxxx xxxxxx agrees that the Engineers or other consultants listed on Schedule 1 attached hereto are approved if selected by Tenant. Notwithstanding the foregoing, in the event that Tenant shall not retain Landlord’s designated mechanical, electrical and any relevant components plumbing engineer (Engineered Spaces, Inc.) and/or Landlord’s designated structural engineer (Xxxxx Xxxxxxx), then Tenant shall be responsible for the reasonable, out-of-pocket cost of review of the applicable plans by Landlord’s designated mechanical, electrical and plumbing engineer and/or Landlord’s designated structural engineer, as applicable. In addition, in the event that Tenant shall not retain Landlord’s designated consultant (Xxxxxx Xxxxxx) as its smoke control consultant, then Tenant shall be responsible for the reasonable, out-of-pocket costs of review of the applicable plans by Xxxxxxxx’s designated smoke control consultant. Landlord Workhereby approves Newmark Xxxxxx Xxxxx, as project manager if selected by Tenant. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction DrawingsDocuments.” All Construction Drawings Documents shall comply with the reasonable industry standard drawing format formats and specifications as determined by Landlordspecifications, and shall be subject to Landlord’s reasonable approval (as more particularly set forth in Sections 3.2 and 3.3below), below. Notwithstanding Landlord’s retention of the Architect and Engineerswhich shall not be unreasonably withheld, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconditioned or delayed. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings Documents are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity Documents except as expressly set forth in this Lease shall specifically apply to such portions of the Construction Drawingsherein.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) ), to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants reasonably designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of in the Improvements Premises (and any relevant components of Landlord hereby acknowledges that Tenant shall have the Landlord Workright, but not the obligation, to use MSA as the Architect). The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” ”. All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval, which approval as more particularly set forth in Sections 3.2 shall not be unreasonably withheld or conditioned, and 3.3, below. Notwithstanding Landlord’s retention shall be granted or denied within ten (10) business days after the submission of the Architect and EngineersConstruction Drawings to Landlord for approval. Any disapproval by Landlord shall specify in reasonable detail the reason for such disapproval. Following any disapproval by Landlord as provided herein, Tenant shall revise the applicable Construction Drawings in response to Landlord’s disapproval, following which Landlord shall again grant or deny its consent within five (5) business days. The foregoing process shall be responsible forrepeated until final Construction Drawings are approved. 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 fully cooperate be solely responsible for the same, and coordinate Landlord shall have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Forrester Research, Inc.), Office Lease (Forrester Research, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work of the Improvements Improvements. Notwithstanding the foregoing, Tenant hereby acknowledges that Landlord shall oversee and any relevant components manage the Architect and Engineers as necessary for completion of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, which approval as more particularly set forth may only be withheld if Landlord determines, in Sections 3.2 and 3.3its sole discretion, below. Notwithstanding Landlord’s retention that certain aspects of the Architect and EngineersImprovements, Tenant shall be responsible for, and shall fully cooperate and coordinate once constructed in good faith accordance with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings, (i) could adversely impact the structural portions of the Building, (ii) may not comply with Applicable Laws, (iii) could adversely impact any of the Building systems and equipment, and/or (iv) could be visible from the exterior of the Building (each referred to herein as a “Design Problem”). Landlord hereby agrees (at no cost to Landlord) to cooperateTenant and Architect shall verify, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation field, the dimensions and conditions as shown on the relevant portions of the Construction Drawingsbase 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain an architect/space planner, on behalf of Tenantsubject to Landlord’s prior approval, FPBA Architects which approval shall not be unreasonably withheld or delayed (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) [PLEASE PROVIDE THIS LIST NOW] to prepare all plans and engineering working -working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.,” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease, Office Lease (BBCN Bancorp Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord shall retain, on behalf of pay to Tenant, as a cost ("Landlord's Drawing Contribution") not to be deducted from the Tenant Improvement Allowance but in an amount not to exceed $0.12 per rentable square foot of the Premises, the cost of one (1) preliminary space plan for the Premises, but not the cost of any revisions thereto requested by Tenant or required by Landlord, and only to the extent such drawings reflect items from the Building standards and no portion of the Landlord's Drawing Contribution, if any, remaining after the completion of the Tenant Improvements shall be available for use by Tenant. Tenant shall retain the engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Drawings 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 Drawings, including, without limitation, a right to make copies thereof. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.12.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the New Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 32, 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Immune Design Corp.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves Studio as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Additional Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Tenant acknowledges that a concrete masonry shear wall exists on the west demising wall of Suite 4000 in the Premises. Any penetrations of the shear wall will require structural engineering review, and the Construction Drawings shall include any shear replacement values. Any and all such costs shall be payable by Tenant subject to reimbursement from the Additional Premises Allowance. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease (as amended) shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the reasonable drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, which approval shall not be unreasonably conditioned or withheld unless a “Design Problem,” as more particularly set forth that term is defmed in Sections 3.2 and Section 3.3, below. Notwithstanding , exists, in which event, Landlord’s retention approval shall be in Landlord’s sole discretion. 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 and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain an architect/space planner approved by Landlord, on behalf of Tenant, FPBA Architects which approval shall not be unreasonably withheld or delayed (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated approved by Landlord (the “Engineers”) ), which approval shall not be unreasonably withheld or delayed, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply at a minimum with the drawing format and specifications as determined by Landlord, ’s Specifications and shall be subject in a drawing format reasonably acceptable to Landlord’s approval , however, as more particularly set forth provided in Sections 3.2 Section 3.3 below, in order to expedite plans and 3.3construction, below. Notwithstanding Tenant may submit for Landlord’s retention of review the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, Engineered Drawings separately from the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Architectural Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 therewith, except to the extent that Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord’s approval of the Construction Drawings, and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such the Construction Drawings. Furthermore, Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building drawings, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Each time Landlord is granted the right to review, consent or approve the Construction DrawingsDrawings or any component thereof (collectively, “Consent”), such Consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves Studio as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Expansion Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this the Lease (as amended) shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

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

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain -------------------------------------------- Gensler as the architect/space planner (the "Architect") to prepare the "Construction Drawings,” ", as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain Landlord's engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements Base, Shell and any relevant components of Core work. The fees changed by the Landlord WorkEngineers shall be comparable to the fees charged by comparable engineers performing comparable work in the Comparable Buildings. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the Landlord's drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsspecifications. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in Section 10.1 of this Lease shall specifically apply to such the Construction Drawings. Furthermore, Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Construction DrawingsPlans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith.

Appears in 2 contracts

Samples: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)

Selection of Architect/Construction Drawings. Tenant shall retain an architect approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life-safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” ”. All Construction Drawings shall comply with the drawing format and specifications acceptable to Landlord. Tenant and Architect shall verify, in the field, the dimensions and conditions as determined by Landlordshown on the relevant portions of the base building plans, and Tenant and Architect shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of solely responsible for the Architect and Engineers, Tenant shall be responsible forsame, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 2 contracts

Samples: Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.), Standard Office Lease (Prospect Acquisition Corp)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects Tenant has retained ID Studios (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, belowreasonable approval. Notwithstanding Landlord’s retention In furtherance of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then completeforegoing, the Construction DrawingsDrawings shall be in .DWG format. Landlord hereby agrees (at no cost to Landlord) to cooperateTenant and Architect shall verify, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation field, the dimensions and conditions as shown on the relevant portions of the Construction Drawingsbase 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord or its consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (Ligand Pharmaceuticals Inc)

Selection of Architect/Construction Drawings. Tenant shall retain HOK or another architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Standard Office Lease (Move Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves KSH or Gensler as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans engineering construction documents and engineering working drawings specifications relating to the structuralstructural life safety, mechanicaland sprinkler work in the Expansion Space, electrical, plumbing and HYAC which work is not part of the Improvements and any relevant components of the Landlord WorkExpansion Space Base Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the reasonable, industry standard drawing format formats and specifications and may be submitted to Landlord as determined by Landlordsuch Construction Drawings are completed, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3approval, below. Notwithstanding Landlord’s retention of the Architect and Engineerswhich shall not be unreasonably withheld or delayed; provided, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation that any components of the Construction DrawingsDrawings which present a “Design Problem” (as that term is defined hereinbelow) shall be subject to Landlord’s consent in its sole and absolute discretion (collectively, “Landlord’s Consent Standard”). Tenant and Architect shall verify, in the field, the dimensions and conditions of the Expansion Space Base Building, 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings. A “Design Problem” is defined as and will be deemed to exist if such improvements (i) will affect the exterior appearance of the Building, (ii) will adversely affect the Expansion Space Base Building, (iii) will fail to comply with Applicable Laws, including without limitation the LEED certification requirements relating to the construction of the Tenant Improvements required by the City of San Xxxx, or (iv) are not consistent with the applicable Permitted Use.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Selection of Architect/Construction Drawings. Waiver. Landlord shall retain, on behalf of Tenant, FPBA Architects --------------------------------------------------- retain an architect/space planner (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, and Landlord's supervision of the construction of the Tenant Improvements shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed or the construction of Tenant Improvements is supervised by LandlordLandlord 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 such portions the Construction Drawings or for any defects in the construction of the Construction DrawingsTenant Improvements; provided, and Tenant’s waiver and indemnity set forth Landlord will correct latent defects in this Lease shall specifically apply to such portions physical construction (but not design) of the Construction DrawingsTenant Improvements which defects are discovered by Tenant and reported to Landlord within one year of the Commencement Date.

Appears in 1 contract

Samples: Office Space Lease (Noosh Inc)

Selection of Architect/Construction Drawings. Landlord Landlord’s architect shall retainprovide an initial space plan at Landlord’s sole cost. Tenant shall retain Legacy Partners CDS, on behalf of Tenant, FPBA Architects Inc. as its architect/space planner (the “Architect”) to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” ”. All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (GigOptix, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain HLW International (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, engineering consultants and/or design-build consultants designated by Landlord retain Xxxxxx Xxxxxx Associates (the “Engineers”"ENGINEERS") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings"CONSTRUCTION DRAWINGS." Notwithstanding anything to the contrary in this Work Letter, the construction of the Tenant Improvements and/or the work of certain subcontractors may be performed, as mutually and reasonably agreed by Landlord and Tenant, on a "design/build" basis. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s 's approval. Landlord shall grant such approval unless Landlord determines that there is a Design Problem (as more particularly set forth defined in Sections 3.2 Article of the Lease) in connection therewith (provided, however, such approval shall not affect Landlord's right to require removal and 3.3restoration pursuant to Section 8.5 of the Lease). 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 (except as provided in Section 6.8, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings). Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects and reasonably acceptable to Tenant (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord and reasonably acceptable to Tenant (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder (including the "Final Space Plans" and the "Final Working Drawings," as those terms are defined in Section 3.2 and 3.3, below, respectively) shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by LandlordLandlord and consistent with industry standards, and shall be subject to Landlord’s 's approval, which approval as more particularly shall not be unreasonably withheld. Notwithstanding anything set forth in Sections 3.2 herein to the contrary, Landlord and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant hereby agree that it shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers deemed reasonable for Landlord to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review withhold its approval of the Construction Drawings applicable if a "Design Problem" exists. A "Design Problem" shall mean and refer to any design criteria which would (a) affect the Improvements Building Structure or Building Systems; (as opposed to Landlord Workb) and as set forth be in this Section 3, shall non-compliance with Codes or other Applicable Laws; (c) be for its sole purpose and shall not imply Landlord’s review seen from the exterior of the same, or obligate Premises; (d) cause material interference with Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by Landlord, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions tenants of the Construction DrawingsBuilding, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions (e) not comply with the Standard Improvement Package; (f) affect the certificate of occupancy or its legal equivalent for the Construction Drawings.Building or any portion thereof, or

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

Selection of Architect/Construction Drawings. Landlord Lessee shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner selected by Lessee and reasonably approved by Lessor (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Lessor hereby approves of dB Construction Consulting & Management as Architect. Lessee shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated selected by Landlord Lessee and reasonably approved by Lessor (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by LandlordLessor, and shall be subject to LandlordLessor’s approval, which approval as more particularly shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in Sections 3.2 herein to the contrary, Lessor and 3.3, below. Notwithstanding Landlord’s retention Lessee hereby agree that it shall be deemed reasonable for Lessor to withhold its approval of the Architect Construction Drawings if a “Design Problem” exists. A “Design Problem” shall mean and Engineers, Tenant shall refer to any design criteria which would (a) affect the Building structure or Building systems; (b) be responsible for, and shall fully cooperate and coordinate in good faith non-compliance with Landlord, Codes or other applicable laws; (c) be seen from the Architect and the Engineers to supply all exterior of the necessary information within TenantPremises; (d) cause material interference with Lessor or other tenants of the Building, (e) not comply with Section 2.3 of this Tenant Work Letter; (f) affect the certificate of occupancy or its legal equivalent for the Building or any portion thereof, or (g) not, in Lessor’s possession to allow reasonable opinion, be readily useable for typical life science use by another tenant as a result of the Architect and the Engineers to initially prepare and then complete, unique configuration contemplated by the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperateLessee and Architect shall verify, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation field, the dimensions and conditions as shown on the relevant portions of the Construction Drawingsbase Building plans, and Lessee and Architect shall be solely responsible for the same, and Lessor shall have no responsibility in connection therewith. LandlordLessor’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply LandlordLessor’s review of the same, or obligate Landlord Lessor to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLessor or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant Lessee by LandlordLessor or Lessor’s space planner, Landlord architect, engineers, and consultants, Lessor shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and TenantLessee’s waiver and indemnity set forth in this Lease the Lease, as amended, shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (DermTech, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner selected by Tenant and reasaonbly approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain (or cause the Architect to retain, on behalf of Tenant, ) engineering consultants and/or design-build consultants designated (the "Engineers") mutually and reasonable approved by Landlord (the “Engineers”) and Tenant to prepare all plans and engineering working drawings relating to drawings; provided, however, the structural, mechanical, electrical, plumbing following engineering consultants are hereby approved by Landlord and HYAC work of the Improvements Tenant: Creo Engineering for HVAC design; MPE Consulting for electrical design; and any relevant components of the Landlord WorkPrime Structural Engineers for structural engineering. Plumbing and life safety will be performed on a "Design/Building" basis. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 's and 3.3, belowTenant's approval. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply for ensuring that all elements of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation design of the Construction DrawingsDrawings are suitable for Tenant’s use of the Premises. 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 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease (Sorrento Therapeutics, Inc.)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner selected by Tenant and reasonably approved by Landlord (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1, pursuant to a contract between Landlord and the Architect, which contract shall be subject to Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall retain (or cause the Architect to retain, on behalf of Tenant, ) engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) mutually and reasonable approved by Landlord and Tenant (and pursuant to a contract between Landlord and the Engineers, which contract shall be subject to Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed) to prepare all plans and engineering working drawings relating to drawings; provided, however, the structural, mechanical, electrical, plumbing following engineering consultants are hereby approved by Landlord and HYAC work Tenant as of the Improvements date of this Lease: Creo Engineering for HVAC design; MPE Consulting for electrical design; and any relevant components of the Landlord WorkPrime Structural Engineers for structural engineering. Plumbing and life safety will be performed on a “Design/Building” basis. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Landlord shall cause the Architect and the Engineers to work directly with Tenant in order to develop the Construction Drawings. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, belowapproval. Notwithstanding Landlord’s retention of the fact that Landlord is retaining the Architect and the Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply for ensuring that all elements of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation design of the Construction DrawingsDrawings are suitable for Tenant’s use of the Premises. 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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, except to the extent arising from the intentional misconduct of 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease (Sorrento Therapeutics, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3reasonable approval, below. Notwithstanding which shall either be given or withheld (together with Landlord’s retention reasonably detailed basis for withholding such approval) within five (5) business days after receipt. Landlord shall deliver to Tenant’s Representative existing as-built CAD drawings for the Project at Landlord’s sole cost; provided, however, that Tenant shall, within sixty (60) days after the completion of construction of the Improvements, either deliver new as-built CAD drawings for the Improvements to Landlord or shall reimburse Landlord for the actual costs incurred by Landlord to obtain the existing as-built CAD drawings for the Project, up to a maximum reimbursement of [***] Dollars ($[***]). Tenant and Architect shall verify, in the field, the dimensions and Engineersconditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Standard Office Lease (loanDepot, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA retain Xxxxxxxx Architects as the architect/space planner (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1; provided, however, at Landlord’s option, Landlord may submit such Construction Drawings to a third-party architect and/or engineer, selected by Landlord, for their review, at Xxxxxx’s sole cost and expense. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Drawings 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 Drawings, including, without limitation, a right to make copies thereof. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.. 607152.05/WLA EXHIBIT B [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -3- [AMLGMN]

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology Holdings Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA retain Xxxxxxx Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, also retain engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects ----------------------------------------------- retain Cxxx Xxxxxxxx & Cxxxxx (the “Architect”"ARCHITECT") to prepare the "Construction Drawings," as that term is defined in this Section SECTION 3.1. Landlord shall, at ----------- Landlord's sole cost and expense, supply Tenant with either (i) one (1) set of all Building plans and specifications in Landlord's possession and one (1) reproducible set of same, or (ii) one set of such plans and specifications together with a CADD diskette containing the same. Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) subject to Landlord's prior approval, which approval shall not unreasonably be withheld or delayed, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, mechanical (including plumbing and HYAC HVAC and lifesafety work in the Premises and the Storage Area, which work is not part of the Improvements Base, Shell and any relevant components Core. In addition, Tenant shall retain engineering consultants reasonably approved by Landlord to prepare all plans and engineering working drawings relating to the electrical and sprinkler work in the Premises, which work is not part of the Landlord WorkBase, Shell and Core. All of the engineering consultants retained by Tenant shall, unless otherwise noted, be collectively referred to herein as the "ENGINEERS." The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings"CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications as determined reasonably approved by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall be entitled to verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, except that Tenant and Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate have no responsibility for Landlord's compliance with its obligations in good faith with Landlord, the Architect and the Engineers relation to supply all any aspect of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation construction of the Construction DrawingsBase, Shell and Core. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section SECTION 3, shall be for its --------- Landlord's sole purpose purpose, and shall not imply Landlord’s 's review of the same, or obligate Landlord to review the same, same for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord or its project manager, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's project manager, 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawingsunless actually caused by Landlord or its project manager, architect, engineers or consultants.

Appears in 1 contract

Samples: Office Lease (21st Century Insurance Group)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkImprovements, if applicable. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Standard Office Lease (Aruba Networks, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated (the “Engineers”) reasonably approved by Landlord (except that Tenant shall use ISC Electrical with respect to the fire-lifesafety work) (collectively, the “MEP Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements Base, Shell and any relevant components of the Landlord WorkCore. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s reasonable approval as more particularly set forth in Sections 3.2 which approval shall not be withheld unless a “Design Problem” exists. A “Design Problem” shall mean and 3.3, below. Notwithstanding Landlord’s retention will be deemed to exist if any Tenant Improvement could (i) affect the exterior appearance of the Building, (ii) affect the Building Structure, (iii) adversely affect the Building Systems, (iv) unreasonably interfere with any other occupant’s normal and customary office operation or (v) fail to comply with applicable Laws, or (vi) adversely affect the certificate of occupancy issued for the Building. Tenant and Architect shall verify, in the field via visual inspection, the dimensions and Engineersconditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Abraxis BioScience, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of retain the architect/space planner designated by Tenant, FPBA Architects subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1, it being acknowledged that Landlord has pre-approved HooksASD as the Architect. Landlord shall retainpay, on behalf as a cost (“Landlord’s Drawing Contribution”) not to be deducted from the Tenant Improvement Allowance but in an amount not to exceed $0.15 per rentable square foot of the Premises, the cost of one (1) preliminary space plan for the Premises, but not the cost of any revisions thereto requested by Tenant or required by Landlord and no portion of the Landlord’s Drawing Contribution, if any, remaining after the completion of the Tenant Improvements shall be available for use by Tenant, . Tenant shall retain the engineering consultants and/or design-build consultants designated by Landlord Tenant, subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in Sections 8.5 and 10.1 of this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (LoopNet, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner (the “Architect”) designated by Tenant, subject to Landlord’s reasonable approval, to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Bare Escentuals Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain an architect/space planner (the “Architect”) which will be either (i) Landlord’s designated architect/space planner, or (ii) an architect/space planner approved by Landlord, which approval shall not be unreasonably withheld by Landlord, to prepare the “Construction Drawings,” as that term is defined in this Section 3.12.1. For the purposes of this provision, Landlord has approved Tenant’s designated architect, Xxxx Xxxxxxx, to perform the space planning, design and construction drawings; however, Tenant maintains the right to designate another architect/designer at any point during process, as long as said replacement is licensed in the state of Arizona. Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Landlord licensed in the state of Arizona (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by the Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves the followings architects as the Architect: WRNS Studio; Gensler; Xxxxxxxx; IA (Interior Architects); Huntsman Architectural Group; SmithGroupJJR. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated from the list attached hereto as Schedule 1, or an alternative Engineer suggested by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlordbe provided to Landlord in AutoCAD format, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.13. Xxxxxx Architects is hereby deemed approved by Landlord as the Architect. Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements Improvements. However, Kent Engineering is hereby deemed approved by Landlord. The Architect and any relevant components of the Landlord WorkEngineers are collectively referred to herein as the “Design Professionals”. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions the Construction Drawings. Approval of the Construction DrawingsDrawings by Landlord is not a representation that the drawings are in compliance with the requirements of governing authorities, and it shall be Tenant’s responsibility to meet and comply with all federal, state, and local code requirements. Landlord’s approval of the “Contract” (as defined in Section 4B(a) below), and Landlord’s designations, lists, recommendations or approvals concerning Design Professionals and Tenant’s waiver and indemnity set forth in this Lease Agents, shall specifically apply not be deemed a warranty as to such portions the quality or adequacy thereof or of the Construction DrawingsDrawings or the Improvements, or the design thereof, or of compliance with laws, codes and other legal requirements.

Appears in 1 contract

Samples: Lease (Horizon Pharma, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section SECTION 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section SECTION 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Universal Detection Technology)

Selection of Architect/Construction Drawings. Tenant shall retain Xxxxxxx and Associates or another architect/space planner approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Tenant Improvements. Landlord Workhereby approves X.X. Xxxxxx & Associates for mechanical/electrical/plumbing engineering. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly 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 (except as set forth in Sections 3.2 and 3.3Section 6.6, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings). Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 (except as set forth in Section 6.6, below) shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease (THQ Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Notwithstanding the foregoing, Xxxxxxxxx Design Group is deemed an approved Architect. Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements Base Building. Notwithstanding the foregoing, Xxxxxxx Xxxx Engineering and any relevant components of the Landlord WorkXxXxxxxxx are deemed approved Engineers. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the commercially reasonable drawing format and specifications as determined by LandlordLandlord and provided to Architect, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner (the “Architect”) approved by Landlord, which approval shall not be unreasonably withheld or delayed beyond five (5) business days, to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated approved by Landlord (the “Engineers”), which approval shall not be unreasonably withheld or delayed beyond five (5) business days, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply at a minimum with the drawing format and specifications as determined by Landlord, Specifications and shall be subject in a drawing format reasonably acceptable to Landlord’s approval . Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings. Each time Landlord is granted the right to review, consent or approve the Construction Drawings or any component thereof, such consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary in this Tenant Work Letter, Landlord shall be deemed to have acted reasonably in disapproving plans or designs if Landlord determines in good faith that the matter disapproved constitutes or would create a Design Problem (as defined below). As used herein, a “Design Problem” shall mean, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply will be deemed to exist if such portions alteration or improvements will (i) affect the exterior appearance of the Construction DrawingsBuilding; (ii) adversely affect the Building structure; (iii) possibly damage the Building’s systems; (iv) create the potential for unusual expenses to be incurred upon the removal of the alteration or improvement (if such removal has been, or will be required (or deemed to be required) by Landlord upon termination of this Lease), unless Tenant agrees to perform such work or pay for the incremental removal costs caused by the non-typical alterations; or (v) fail to comply with the Code.

Appears in 1 contract

Samples: Lease Agreement (Saba Software Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain an architect/space planner (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord hereby approves of Gensler as the Architect. If Tenant changes the Architect, the new Architect shall retainbe subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Unless Tenant is performing Tenant Improvements on behalf of Tenant, engineering consultants and/or a design-build basis pursuant to Section 3.7 below, Tenant shall retain the engineering consultants designated selected by Landlord Tenant (the "Engineers") to prepare all plans and engineering working drawings relating to the Tenant Improvements. Landlord has the right to approve the Engineers, which approval shall not be unreasonably withheld, conditional or delayed. Notwithstanding the foregoing, Tenant shall retain Engineers and subcontractors designated by Landlord for performance of the work affecting the structural, mechanicalHVAC, electrical, plumbing fire-life safety and HYAC work of the Improvements and any relevant sprinkler components of the Landlord WorkBase Building; provided that such Engineers and subcontractors charge reasonably competitive rates. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Drawings 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 Drawings, including, without limitation, a right to make copies thereof. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s 's review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters; provided, however, Landlord's approval of such Construction Drawings shall be deemed to mean that the same comply with the Specifications. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this the Lease shall specifically apply to such portions the Construction Drawings. Landlord shall, concurrently with Landlord's approval of the Construction Drawings, inform Tenant if the Construction Drawings require changes to the Base Building.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

AutoNDA by SimpleDocs

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section SECTION 3.1. Landlord hereby approves Xxxxxxxxxx Sawasy Architects, Inc., as Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the "ENGINEERS") approved by Landlord. Landlord hereby consents to Xxxxx and Xxxxxxxx as Engineers”) to . The Engineers shall prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, and HYAC HVAC work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s 's approval. Landlord shall grant such approval unless Landlord provides Tenant with reasonable supporting documentation for the conclusion that the work provided for in the Construction Drawings would violate applicable code or the Specifications or materially and adversely affect the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, or materially adversely affects the curtain wall of the Building, or the structure or exterior appearance of the Building (collectively referred to herein as more particularly a "DEFICIENCY"). 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, except as specifically set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention Section 6.8 of the Architect and Engineers, this Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction DrawingsWork Letter. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section SECTION 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and except to the extent resulting from (a) Landlord's determination that a Deficiency exists, or (b) changes requested by Landlord for any other reason. Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life-safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format be prepared as soon as reasonably possible and specifications as determined by Landlord, and all Construction Drawings shall be subject to Landlord’s 's approval, which approval shall only be withheld in the event of a Design Problem. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (Cytokinetics Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the Construction Drawings,” . CRB and Xxxx Xxxxxxxx Xxxx Studios are hereby approved as that term is defined in this Section 3.1Architect if selected by Tenant. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated approved by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life-safety, and HYAC sprinkler work in the Premises as related to the Tenant Improvements, which work is not part of the Improvements Base Building. CRB and any relevant components of the Landlord WorkKPW are hereby approved as Engineers if selected by Tenant. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings.” All Construction Drawings ". Tenant and Architect shall comply with verify, in the drawing format field, the dimensions and specifications conditions as determined by Landlordshown on the relevant portions of the base building plans, and Tenant and Architect shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of solely responsible for the Architect and Engineers, Tenant shall be responsible forsame, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings. To the extent the same complies with Legal Requirements and Private Restrictions, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply Landlord hereby approves the preliminary plans attached hereto as Schedule 2 to such portions of the Construction Drawings.Exhibit B.

Appears in 1 contract

Samples: Lease Agreement (Allogene Therapeutics, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction EXHIBIT B CHINA BASIN LANDING Drawings,” as that term is defined defined, in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (LoopNet, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain either Xxxx Xxxxxxx, on behalf of Tenant, FPBA XxXxxxxxx Architects or DGA as the architect (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, engineering consultants and/or design-build consultants designated by Landlord (also retain the “Engineers”) Architect to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention 's reasonable approval; provided that any work to the exterior structure of the Architect and Engineers, Tenant Building shall be responsible forin Landlord's sole good faith discretion; further provided that Landlord will not unreasonably withhold its consent to Tenant’s plans to replace and/or add exterior windows to the Building if the same does not adversely affect the exterior appearance or structural integrity of the Building. 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 fully cooperate be solely responsible for the same, and coordinate Landlord shall have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Biocept Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain the architect/space planner designated by Tenant (the “Architect”) to prepare the Construction Drawings,” as that term is defined in this Section 3.1; provided, however, the Architect shall be reasonably satisfactory to Landlord and shall be licensed by the State of Colorado. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Reduced Premises , which work is not part of the Improvements Base Building; provided, however, the Engineers shall be reasonably satisfactory to Landlord and any relevant components shall be licensed by the State of Colorado; provided, further, however, that if Tenant does not use engineers as provided for in this Section 3.1, then Landlord may retain, as an Allowance Item, its own engineer to review the Landlord WorkConstruction Drawings and consult with the Engineers regarding the same. Tenant may retain a project manager to oversee Tenant’s Work (the “Project Manager”). The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth reasonable approval. Landlord shall advise Tenant, in Sections 3.2 and 3.3writing, below. Notwithstanding within five (5) business days after Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review receipt of the Construction Drawings applicable if the same are unsatisfactory or incomplete in any respect (and specify in such written notice the unsatisfactory items). Landlord’s failure to respond within the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, said 5-business day period shall be for its sole purpose and shall not imply deemed as Landlord’s review of disapproval. Tenant and Architect shall verify, in the samefield, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by Landlord, dimensions and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such conditions as shown on the relevant portions of the Construction Drawingsbase building plans, and Tenant’s waiver Tenant and indemnity set forth in this Lease Architect shall specifically apply to such portions of the Construction Drawings.be solely responsible

Appears in 1 contract

Samples: Lease (Gevo, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably acceptable to Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements Tenant Improvements; provided, however, that Landlord shall designate Engineers who are competitive in their fees and any relevant components timely in their response, so as not unnecessarily to increase the cost or delay the completion of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject delivered to Landlord for Landlord’s approval. Landlord shall not unreasonably withhold, condition or delay its approval as more particularly set forth in Sections 3.2 and, unless Landlord has given Tenant written notice of disapproval, specifying each objectionable item and 3.3, below. Notwithstanding the reasons for Landlord’s retention objection, within ten (10) business days (or, in the case of a re-submittal, five (5) business days) after Tenant’s submittal (together with all additional information reasonably requested by Landlord in order to evaluate said request), Landlord shall be deemed to have approved such drawings. 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 and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions the Construction Drawings; provided, however, that Landlord’s approval of the Construction DrawingsDrawings shall be conclusive, as between Landlord and Tenant’s waiver , that the Construction Drawings (and indemnity set forth the Improvements constructed substantially in this Lease shall specifically apply to such portions accordance therewith) satisfy all of the Construction Drawingsapplicable requirements of the Lease and this Tenant Work Letter (other than relating to defective workmanship or Code compliance).

Appears in 1 contract

Samples: Standard Office Lease (Investment Technology Group Inc)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects in its sole discretion, shall retain an architect/space planner (the “Architect”) to prepare the “Construction Drawings,for Tenant Improvements, as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, in its sole discretion, shall retain engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Tenant Improvements. Tenant’s obligations under this Work Letter insofar as they concern producing Construction Drawings and plans for Tenant’s Improvements are subject to and any relevant components conditioned upon Landlord providing to Tenant, the Architect and Engineers, prior to Tenant’s preparation of Construction Drawings, all final Plans for the Shell Work that are sufficient and complete enough for Tenant’s purposes (the “Shell Work Plans”). Landlord shall provide the Shell Work Plans by the Pharmacy – Landlord’s Core & Shell Work Plans Deadline set out in Schedule 1 to this Work Letter. All deadlines for Tenant’s production of the Landlord Work. Final Space Plan and Final Working Drawings and Approved Working Drawings will be automatically extended by one day for each day of delay beyond the Pharmacy – Landlord’s Core & Shell Work Plans Deadline in delivering Shell Work Plans to Tenant. 3.1.1 The plans and drawings (including the Final Space Plan and Final Tenant Working Drawings, as those terms arc defined below) to be prepared by Architect and the Engineers and approved hereunder shall be known collectively as the “Construction Drawings.” Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Drawings 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 Drawings, including, without limitation, a right to make copies thereof. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord. Tenant’s Architect shall verify, in the field, the dimensions and shall be subject to Landlord’s approval conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed base Building plans provided by Landlord, and notwithstanding any advice or assistance which may Tenant and Architect shall be rendered to Tenant by Landlordsolely responsible for the same, and Landlord shall have no liability whatsoever responsibility in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawingstherewith.

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain Cole Xxxxxxxx & Xssociates (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord Tenant, and consented to by Landlord, which consent shall not be unreasonably withheld or delayed (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by LandlordLandlord in accordance with industry custom and practice, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building Plans, to the extent such dimensions and conditions are readily observable without penetration of walls, columns, ceilings and floors and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and to the extent same are readily observable without such penetration, Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain a California licensed architect (the "Architect") to prepare the Construction Drawings,” Drawings (as that term is defined in this Section 3.1below). Landlord Tenant shall retain, on behalf of Tenant, retain a California licensed engineering consultants and/or design-build consultants designated by Landlord company (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkExpansion Premises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, 1 shall be for its sole purpose and shall not imply Landlord’s 's review of the same, or obligate Landlord to review the same, for quality, design, Code code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Section 14 of the Existing Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease (AeroVironment Inc)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects Tenant has retained Xxxxxx-Xxxxx Architecture and Design (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1; which Architect has been approved by Landlord. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Tenant and reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of the Improvements Tenant Improvements; provided, however, Tenant may also cause the engineering of some of such plans and any relevant components of drawings to be prepared in design-build format by the Landlord Workapplicable subcontractors. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlordindustry standards for “Class-A” office building construction, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions the Construction Drawings, except to the extent that Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord’s approval of the Construction Drawings and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings. Landlord acknowledges that, to the extent reasonable given the nature of certain of Tenant’s intended Tenant Improvements, certain phases of the construction of the Tenant Improvements may be conducted on a “design-build” basis. Furthermore, each time Landlord is granted the right to review, consent or approve any space plan or construction drawings (collectively, “Consent”), such Consent shall be granted unless a Design Problem, as such term is defined below, exists.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain en studio Interior Design as its architect/space planner (the “Architect”) to prepare the Construction Drawings,” as that term , which Architect is defined in this Section 3.1hereby approved by Landlord. Landlord Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 with applicable laws or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (1st Pacific Bancorp)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain a licensed competent, on behalf of Tenantreputable architect, FPBA Architects experienced in high-end office space design (the “Architect”) ), as architect/space planner for the construction of the Tenant Improvements to prepare the Construction Drawings,” as . It is not required that term is defined in this Section 3.1Tenant obtain Landlord’s consent to Tenant’s selection of the Architect. If deemed necessary by Landlord due to the nature of the Tenant Improvements, Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) ), provided Tenant is not obligated to pay more for their services than market rates, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements Base, Shell and Core work, if any, required of Landlord hereunder. In any relevant components of the Landlord Workevent, Tenant shall engage WM Group for any mechanical, electrical and plumbing (MEP) engineering, and Xxxxxxx & Xxxxxxxx for any structural engineering. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively known, collectively, as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, Article 3 shall be for its sole own purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, same for quality, design, Building Code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Section 10.1 of the Original Lease shall shall, without limitation, specifically apply to such the Construction Drawings. Furthermore, Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the Construction Drawings, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith.

Appears in 1 contract

Samples: Lease (Cornerstone OnDemand Inc)

Selection of Architect/Construction Drawings. Tenant shall retain Xxxxxxxx Xxxx Xxxxxxx Architects or another architect/space planner selected by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated selected by Tenant and reasonably approved by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with connection therewith. Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation 's review of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and , as set forth in this Section 3, and Landlord's approval (or deemed approval, in accordance with Section 3.7 below) of the Construction Drawings pursuant to such review, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed or approved (or deemed approved) by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease (Nuvasive Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord hereby approves Gensler as the Architect if selected by Tenant in Tenant’s sole and absolute discretion. If Tenant desires to use an architect/space planner other than Gensler, then Landlord shall retainapprove such architect/space planner, on behalf such approval not to be unreasonably withheld, conditioned or delayed. Landlord shall approve or reasonably disapprove any architect/space planner proposed by Tenant within five (5) business days and Landlord’s failure to respond within such five (5) business day period shall be deemed to be Landlord’s approval of Tenantthe proposed architect/space planner. Notwithstanding the foregoing or anything to the contrary set forth in this Tenant Work Letter, engineering consultants and/or design-build consultants to the extent Tenant is required or elects to engage the services of a historic architect, then Tenant shall retain the historic architect designated by Landlord (the “EngineersHistoric Architect) ). Tenant shall retain Chubb/Redhawk to prepare all plans and engineering working drawings relating to the structurallifesafety and sprinkler work in the Premises (the “LifeSafety Consultant”), mechanicaland Tenant shall retain Xxxxx Xxxxxxx to prepare all plans and engineering working drawings relating to the structural work in the Premises (the “Structural Engineer”). Landlord shall have no right to approve any consultants, electricalengineers, plumbing and HYAC work subcontractors or laborers retained by Tenant in construction of the Tenant Improvements other than the Architect, the Historic Architect (if any), the Contractor (as defined below), the LifeSafety Consultant, and any relevant components of the Landlord WorkStructural Engineer. The plans and drawings to be prepared by Architect and any structural, mechanical, electrical, plumbing, or HVAC consultants retained by Tenant and the Engineers hereunder LifeSafety Consultant (collectively, the “Engineers”) shall be known collectively as the “Construction Drawings.” The Construction Drawings may be prepared and submitted to Landlord independently for each Portion of the Premises, and Landlord shall review the Construction Drawings as so submitted. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlordset forth in the Construction Rules (if any), and shall be subject to Landlord’s approval reasonable approval, which shall not be withheld except in the case of a “Design Problem,” as more particularly set forth that term is defined below Tenant and Architect shall verify, in Sections 3.2 the field, the dimensions and 3.3, below. Notwithstanding Landlord’s retention conditions as shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings. A “Design Problem” is defined as, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply will be deemed to exist if such portions Tenant Improvements may (i) affect the exterior appearance of the Construction DrawingsBuilding; (ii) materially adversely affect the Building Structure; (iii) materially adversely affect the Building Systems; or (iv) fail to comply with applicable Laws.

Appears in 1 contract

Samples: Sublease (Twilio Inc)

Selection of Architect/Construction Drawings. Landlord shall retain, on behalf of Tenant, FPBA Architects Tenant has retained AP+I Design (the “Architect”) to prepare the Construction Drawings,” Drawings (as that term is defined in this Section 3.1below). Tenant shall be responsible for all elements of the design of the Construction Drawings (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment). Landlord shall retain (or cause Contractor to retain, on behalf of Tenant, ) the engineering consultants and/or design-build consultants designated by Landlord (the “EngineersEngineer”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.and shall be in accordance with and a logical extension of the space plan dated May 21, 2020 and attached hereto as Schedule 1 (the “Space Plan”). Landlord hereby conceptually approves the Space Plan; provided, however, that Landlord’s conceptual approval herein shall not otherwise limit Landlord’s review and approval rights of final Construction Drawings. All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval 's reasonable approval. Tenant shall send to Landlord for review a completed set of Construction Drawings, which Construction Drawings shall include the mechanical, electrical and mechanical (“MEP”) drawings prepared by the Engineer (which Engineer will work on the MEP drawings concurrently with the Architect) by July 31, 2020 (the “Construction Drawings Due Date”). Tenant covenants and agrees to cause said Construction Drawings to be delivered to Landlord on or before said Construction Drawings Due Date and to devote such time as more particularly set forth may be necessary in Sections 3.2 consultation with said Architect and 3.3, belowEngineer to enable them to complete and submit the Construction Drawings within the required time limit. Notwithstanding Landlord’s retention Time is of the Architect essence in respect of preparation and Engineerssubmission of the Construction Drawings. Except to the extent of any actual delays caused solely by the acts or omissions of Engineer, if the Construction Drawings are not delivered to Landlord by the Construction Drawings Due Date, Tenant shall be responsible forfor one day of Tenant Delay for each day during the period beginning on the day following the Construction Drawings Due Date and ending on the date the Construction Drawings are provided to Landlord. In addition, if Landlord reasonably objects to the Construction Drawings because the Construction Drawings are not consistent with and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all a natural extension of the necessary information within Tenant’s possession Space Plan or because the Construction Drawings are not sufficiently detailed, or if Landlord reasonably objects to allow the Architect Construction Drawings more than once, any delay caused by such objection shall be deemed a Tenant Delay. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to the Construction Drawings to the extent the Construction Drawings are consistent with and a logical extension of the Engineers Space Plan. The Construction Drawings shall expressly designate what is Building standard and what is above Building standard to initially prepare and then enable the parties to easily value engineer the Tenant Improvements. So long as the Construction Drawings provided to Landlord are complete, Landlord shall approve or make comments to the Construction DrawingsDrawings within seven (7) days following Landlord’s receipt thereof. If Landlord hereby agrees objects to the Construction Drawings or provides comments thereto, Tenant shall cause Architect to revise the Construction Drawings and deliver the revised Construction Drawings to Landlord within three (at no cost 3) business days. Tenant shall be responsible for one day of Tenant Delay for each day following such three (3) business day period until Tenant delivers to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in Landlord the preparation of the revised Construction Drawings. Landlord’s 's review and approval of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, 3 shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed and approved by LandlordLandlord or its space planner, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord's space planner, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the any Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the any Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Sentinel Labs, Inc.)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain the architect/space planner designated by Tenant and approved by Landlord, on behalf of Tenant, FPBA Architects which approval shall not be unreasonably withheld (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord Tenant and approved by Landlord, which approval shall not be unreasonably withheld (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” Tenant shall be required to include in its contracts with the Architect and the Engineers a provision which requires ownership of all Construction Drawings 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 Drawings, including, without limitation, a right to make copies thereof. All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval approval, which shall not be unreasonably withheld. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Rodgers Silicon Valley Acquisition Corp)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain a licensed architect approved by Landlord, on behalf of Tenantwhich is Commerce Construction Co., FPBA Architects L.P. (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retainand Landlord’s engineering consultants, on behalf of TenantXxxx X. Xxxxxxxx & Associates, engineering consultants and/or design-build consultants designated by Landlord Inc. and Lochsa Engineering (collectively, the “Engineers”) to prepare the plans and drawings for the Tenant Improvements. The Engineers shall prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work in the Building, which work is not part of the Improvements and any relevant components of the Landlord WorkBuilding Shell Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder pursuant to this Section 2 shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the Landlord’s drawing format and specifications as determined by Landlordspecifications, and shall be subject to Landlord’s approval approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Building Shell Plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 32, 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 with applicable governmental regulations or building codes (collectively, the “Code”), or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Industrial Lease (Switch, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1; provided, however, Landlord hereby approves "id Studios" as the Architect. Landlord To the extent deemed reasonably necessary by Landlord, Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work of the Improvements provided, however, Landlord hereby approves "MWE" and any relevant components of "XxXxxxxxx" as the Landlord WorkEngineers. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Selection of Architect/Construction Drawings. Landlord Subject to Landlord's approval, which approval shall retainnot be unreasonably withheld, on behalf of Tenantdelayed, FPBA Architects or conditioned, Tenant shall select and retain an architect/space planner (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1; provided, however, Landlord hereby pre-approves Xxxx Xxxxxxx. Landlord Tenant shall retainretain (A) the structural, on behalf of Tenant, mechanical and electrical engineering consultants and/or design-build of its choice, subject to reasonable approval by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned), and (B) subject to Landlord's approval (which approval shall not be unreasonably withheld, delayed, or conditioned), all other engineering consultants designated by Landlord Tenant (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work for the Improvements, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval 's approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a "Design Problem," as more particularly set forth in Sections 3.2 and 3.3, that term is defined below. Notwithstanding Landlord’s retention 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 and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s 's review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, EXHIBIT B -5- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings. A "Design Problem" is defined as, and shall be deemed to exist if there could be (i) an effect on the exterior appearance of the Project, (ii) an adverse effect on the Base Building (including without limitation the Building Structure), (iii) an adverse effect on the Building Systems or the operation and maintenance thereof, or (iv) any failure to comply with Applicable Laws or Code. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that Tenant’s security systems are fundamental to its business operations, and Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, to permit such security systems to be installed in the 6290 Expansion Premises in accordance with Tenant’s reasonable security requirements. Landlord further acknowledges that the Improvements may include a truck well/loading and unloading area, as well as a data center, cafeteria, fitness, exercise and other on-site facilities (subject to Landlord's approval of Construction Drawings for any such item(s)), and that Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, in Tenant’s design of such facilities.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain Group MacKenzie (i) as architect/space planner (the “Architect”) to prepare the Construction Drawings,” , and (ii) as that term is defined in this Section 3.1. Landlord shall retain, on behalf of Tenant, engineering consultants and/or design-build consultants designated by Landlord engineer (the EngineersEngineer”) to prepare and oversee all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises; except that Tenant may use another architect/space planner and/or engineer approved by Landlord, which approval will not be unreasonably withheld or delayed, for a portion of such tasks (and the Improvements and any relevant components of the Landlord Workreferences herein to Architect or Engineer shall mean Group MacKenzie or such other approved professional, as applicable). The plans and drawings to be prepared by the Architect and the Engineers Engineer hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval, which approval as more particularly set forth in Sections 3.2 shall not be unreasonably withheld or delayed. Landlord acknowledges that the Construction Drawings will include substantial electrical and 3.3, below. Notwithstanding Landlordmechanical improvements necessary for Tenant’s retention intended manufacturing use of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction DrawingsPremises. If Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation disapproves of the Construction Drawings, or any portion thereof, Landlord shall promptly notify Tenant thereof and of the revisions which Landlord reasonably requires in order to obtain 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retain, on behalf of Tenant, FPBA Architects retain a licensed (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain licensed and qualified engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3approval, belowwhich shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding Landlord’s retention of the Architect and EngineersIn addition, Tenant shall be responsible forcomply with the terms of Section 8.6 of the Lease with respect to all Tenant Improvements (and all Construction Drawings). 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 fully cooperate be solely responsible for the same, and coordinate Landlord shall have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by LandlordLandlord or Xxxxxxxx’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 such portions of the Construction Drawings, and TenantXxxxxx’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Childrens Place Retail Stores Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an -------------------------------------------- architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”"ARCHITECT") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”"ENGINEERS") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings"CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building Plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in Section 10.1 of this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (Advanced Tissue Sciences Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain an architect/space planner approved by Landlord, on behalf of Tenant, FPBA Architects which approval shall not be unreasonably withheld or delayed (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.12. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated approved by Landlord (the “Engineers”) ), which approval shall not be unreasonably withheld or delayed, to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises as part of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply at a minimum with the drawing format and specifications as determined by Landlord, ’s Specifications and shall be subject in a drawing format reasonably acceptable to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 32, 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 code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 therewith, except to the extent that Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord’s approval of the Construction Drawings, and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings. Each time Landlord is granted the right to review, consent or approve the Construction Drawings or any component thereof (collectively, “Consent”), such Consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this agreement, Landlord consents to the selection and use of Interior Architects (IA), and Acies Engineering as acceptable Architects and Engineers for preparing drawings Tenants Construction Drawings.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

Selection of Architect/Construction Drawings. Landlord Tenant shall retainretain the architect/space planner approved by Landlord, on behalf of Tenant, FPBA Architects in Landlord’s reasonable discretion (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord has approved ReelGrobman (and/or its successor, HGA). as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated approved by Landlord Landlord, in Landlord’s reasonable discretion (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval and Tenant’s mutual approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Docusign Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord hereby pre-approves Xxxx Architects as the Architect. Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated by Landlord Landlord, consisting of Pioneer Fire, Trane Controls and Pyro Comm (the "Engineers”) "), to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of Base Building. Landlord hereby approves Interface Engineering as an Engineer for the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Selection of Architect/Construction Drawings. Landlord Subtenant shall retainretain an architect, on behalf of Tenantsubject to Sublandlord's and Landlord's prior reasonable approval, FPBA Architects or use its internal personnel (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section SECTION 3.1. Landlord Subtenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord Landlord, or use its internal personnel (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life safety, and HYAC sprinkler work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Sublandlord's and Landlord’s approval 's approval. Subtenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Project plans, and Subtenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Sublandlord and Landlord shall fully cooperate have no responsibility in connection therewith. Sublandlord's and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section SECTION 3, shall be for its their sole purpose and shall not imply Sublandlord's and Landlord’s 's review of the same, or obligate Sublandlord or Landlord to review the same, for quality, design, Code code compliance or other like matters. Accordingly, notwithstanding that any Improvement-related portions of such Construction Drawings are reviewed by LandlordSublandlord or Landlord or their space planners, architects, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant Subtenant by Sublandlord or Landlord or Landlord's space planner, architect, engineers, and consultants, Sublandlord and Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s Subtenant's waiver and indemnity set forth in this Lease the Sublease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Sublease (Overhill Farms Inc)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.12.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkImprovements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply conform with the drawing format and specifications as determined specified by Landlord, Landlord and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 32, 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Commercial Lease (NantKwest, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord) to prepare the Construction Drawings,” as that term is defined in this Section 3.1Drawings for the New Tenant Improvements. Landlord Tenant shall retain, on behalf of Tenant, retain engineering and 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT X-00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] other consultants and/or design-build consultants designated reasonably approved by Landlord (collectively, the "Engineers") (which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) business days after written request therefor from Tenant is received by Landlord) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of in connection with the Improvements and any relevant components New Tenant Improvements, which work is not part of the Landlord Work; provided, however, Tenant shall use the same structural and mechanical/life safety system engineers (collectively, the "Key Engineers") engaged by Landlord for structural and mechanical/life safety system work (as applicable) with respect to the Building to prepare the engineering plans and drawings ("Key Engineering Plans'') for such work for the Premises, so long as such engineers agree to meet the schedule set forth in this Tenant Work Letter for preparing same, and Landlord shall cause such engineers to charge fees for their services which are competitive with the fees charged for comparable services in Comparable Buildings. Alternatively, Tenant may select, subject to Landlord's prior approval, which shall not be unreasonably withheld or delayed, Key Engineers of its own choosing to prepare the Key Engineering Plans in which case Tenant shall reimburse Landlord, out of the Tenant Improvement Allowance, for the amounts Landlord pays engineers of its choosing to review the Key Engineering Plans. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings.” All " Unless otherwise approved or designated by Landlord, all Construction Drawings shall comply with the drawing format and specifications attached hereto as determined by LandlordSchedule 2. In connection therewith, Landlord shall supply Tenant with blue-line floorplate backgrounds and Building standard details. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans (including the Landlord Work), and Tenant and Architect shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of solely responsible for the Architect and Engineers, Tenant shall be responsible forsame, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth except to the extent Landlord has specifically requested a modification to the Construction Drawings as a condition to Landlord's approval thereof (it being understood that nothing in this Lease Section 3.1 shall specifically apply to such portions relieve Landlord from its repair and maintenance obligations under the Lease). Construction Drawings for each of the Construction DrawingsFull TI Floors may be submitted separately to Landlord for its review and approval.

Appears in 1 contract

Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner as reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain an engineering consultants and/or design-build consultants designated consultant reasonably approved by Landlord (provided Tenant shall use the engineering firm of C Plus D Engineers for all structural work on the Building) (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Multi Tenant Office Triple Net Lease (Aehr Test Systems)

Selection of Architect/Construction Drawings. Tenant shall select and retain a qualified architect/space planner to the extent reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants reasonably designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing and HYAC HVAC work of the Improvements Improvements; provided, however, any such reasonable designation determination shall factor in a competitive pricing component, taking into account the nature and any relevant components particular requirements implicated in connection with the Construction Drawings and the experience and competency of the Landlord Worksuch Engineer. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval 's approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Selection of Architect/Construction Drawings. Tenant shall retain -------------------------------------------- an architect/space planner designated by Landlord shall retain, on behalf of Tenant, FPBA Architects (the “Architect”"ARCHITECT") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated by Landlord (the “Engineers”"ENGINEERS") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC lifesafety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings"CONSTRUCTION DRAWINGS." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval 's reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Standard Office Lease (Performance Capital Management LLC)

Selection of Architect/Construction Drawings. Landlord shall retainTenant has retained Huntsman Architectural Group (together with any replacement, on behalf of Tenant, FPBA Architects (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, also retain the engineering consultants and/or design-build consultants designated reasonably approved by Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC and HYAC life safety work of the Improvements and any relevant components of the Landlord WorkTenant Improvements. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval reasonable approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the base building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Sublease Agreement (Medivation, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain JPC Architects, Gensler, or such other architect as Landlord and Tenant shall retain, on behalf of Tenant, FPBA Architects mutually and reasonably agree upon (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord The Contractor (as that term is defined in Section 4.1 of this Work Letter) shall retain, on behalf of Tenant, engineering consultants and/or provide design-build consultants designated services from qualified, Landlord-approved mechanical, electrical, plumbing, HVAC, lifesafety and fire protection contractors for the preparation of plans and engineering working drawings related to the Improvements. Should Tenant choose to prepare fully engineered drawings in-lieu of the design-build approach described above, then Tenant shall retain an engineer (from a list of approved engineers supplied by Landlord Landlord) (the “Engineers”"Engineer") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s 's approval, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and Architect shall verify, in the field, the dimensions and conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Base Building plans, and Tenant and Architect and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this the Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease Agreement (Tableau Software Inc)

Selection of Architect/Construction Drawings. Tenant shall retain Blitz Architecture, or such other architect as may be reasonably approved by Landlord shall retain, on behalf of and Tenant, FPBA Architects (the “Architect”) to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord Tenant shall retain, on behalf of Tenant, retain engineering consultants and/or design-build consultants designated by Tenant, subject to the reasonable approval of Landlord (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord WorkPremises. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3approval. Landlord shall approve, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then completeor disapprove, the Construction Drawings, or such portion as has from time to time been submitted, within five business (5) days after receipt of same or designate by notice given within such time period to Tenant the specific changes reasonably required to be made to the Construction Drawings in order to correct any issues and shall return the Construction Drawings to Tenant. Landlord hereby agrees (at no cost Tenant shall make the changes necessary in order to correct any such issue and shall return the Construction Drawings to Landlord, which Landlord shall approve, or disapprove, within three (3) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in business days after Landlord receives the preparation revised Construction Drawings. This procedure shall be repeated until all of the Construction DrawingsDrawings are approved by Landlord and written approval has been delivered to and received by Tenant. 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 Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Lease Agreement (Zendesk, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the Construction Drawings,” as that term is defined in this Section 3.1. Landlord shall retain, on behalf either approve or disapprove of Tenant's proposed Architect within three (3) Business Days after Tenant submits the name of, and reasonable information with respect to, its proposed architect to Landlord; failure by Landlord to approve or disapprove within such three (3) Business Day period shall constitute Landlord's approval of Tenant's proposed architect. Tenant shall retain the engineering consultants and/or design-build consultants designated by Landlord (the "Engineers") to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, life-safety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings.” ". All Construction Drawings shall comply with the drawing format and specifications acceptable to Landlord. Tenant and Architect shall verify, in the field, the dimensions and conditions as determined by Landlordshown on the relevant portions of the base building plans, and Tenant and Architect shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of solely responsible for the Architect and Engineers, Tenant shall be responsible forsame, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Industrial Lease Agreement (Childrens Place Retail Stores Inc)

Selection of Architect/Construction Drawings. Tenant shall retain the architect/space planner designated or approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1, provided that Landlord's approval shall not be unreasonably withheld or delayed, and further provided that Tenant's retaining of Xxxx Xxxxxxx is hereby approved by Landlord. Landlord Tenant shall retain, on behalf of Tenant, retain the engineering consultants and/or design-build consultants (the "Engineers") designated by Landlord (the “Engineers”) Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed, to prepare all plans and engineering working drawings for the Improvements; provided that Tenant shall retain Landlord's designated Engineers to prepare any plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the "Construction Drawings." All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, . Landlord shall have no responsibility to verify the dimensions and shall be subject to Landlord’s approval conditions as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention shown on the relevant portions of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction DrawingsBase Building plans. Landlord’s 's review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s '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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s 's waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Selection of Architect/Construction Drawings. Tenant shall retain an architect/space planner designated by Tenant and reasonably approved by Landlord shall retain, on behalf of Tenant, FPBA Architects (the "Architect") to prepare the "Construction Drawings," as that term is defined in this Section 3.1. Landlord shall retain, on behalf of hereby approves IA Interior Architect as the Architect if selected by Tenant, engineering consultants and/or design-build consultants designated in Tenant’s sole and absolute discretion. If Tenant desires to use an architect/space planner other than IA Interior Architect, then Landlord shall approve such architect/space planner, such approval not to be unreasonably withheld, conditioned or delayed. Landlord shall approve or reasonably disapprove any architect/space planner proposed by Tenant within five (5) business days. If Landlord fails to respond to any such request within the five (5) business day period set forth above, Tenant shall have the right to provide Landlord with a second request. Tenant’s second request must specifically state that Landlord’s failure to respond within a period of two (2) business days shall be deemed to be an approval by Landlord of the proposed architect/space planner. If Landlord’s failure to respond continues for two (2) business days after Tenant’s delivery of the “Engineers”) second request pursuant to the TCCs of Section 29.18 of the Lease, the architect/space planner proposed by Tenant for which Tenant has requested such consent shall be deemed to have been approved by Landlord. Tenant shall retain an engineering consultant reasonably approved by Landlord to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, lifesafety and HYAC sprinkler work of in the Improvements and any relevant components of the Landlord Work. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as determined by Landlord, and shall be subject to Landlord’s approval as more particularly set forth in Sections 3.2 and 3.3, below. Notwithstanding Landlord’s retention of the Architect and Engineers, Tenant shall be responsible for, and shall fully cooperate and coordinate in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction DrawingsPremises. Landlord hereby agrees approves AlfaTech Consulting Enterprises as Tenant’s mechanical, electrical and plumbing engineering consultant (at no cost the “MEP Engineer”) if selected by Tenant, in Tenant’s sole and absolute discretion. If Tenant desires to Landlord) to cooperateuse a MEP Engineer other than AlfaTech, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawings. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by Landlord, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord, then Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings.approve EXHIBIT B-9-

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Selection of Architect/Construction Drawings. Landlord Subject to Landlord’s approval, which approval shall retainnot be unreasonably withheld, on behalf of Tenantdelayed, FPBA Architects or conditioned, Tenant shall select and retain an architect/space planner (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.1; provided, however, Landlord hereby pre-approves Txxx Xxxxxxx. Landlord Tenant shall retainretain (A) the structural, on behalf of Tenant, mechanical and electrical engineering consultants and/or design-build consultants designated by Landlord Landlord, and (B) subject to Landlord’s approval (which approval shall not be unreasonably withheld, delayed, or conditioned), all other engineering consultants designated by Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing plumbing, HVAC, lifesafety, and HYAC sprinkler work in the Premises, which work is not part of the Improvements and any relevant components of the Landlord WorkBase Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications as reasonably determined by Landlord, and shall be subject to Landlord’s approval approval; provided, however, Landlord shall only disapprove any such Construction Drawing to the extent of a “Design Problem,” as more particularly set forth in Sections 3.2 and 3.3, that term is defined below. Notwithstanding Landlord’s retention 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 and Engineers, Tenant shall be solely responsible forfor the same, and Landlord shall fully cooperate and coordinate have no responsibility in good faith with Landlord, the Architect and the Engineers to supply all of the necessary information within Tenant’s possession to allow the Architect and the Engineers to initially prepare and then complete, the Construction Drawings. Landlord hereby agrees (at no cost to Landlord) to cooperate, on a commercially reasonable basis, with Tenant to assist Tenant in the preparation of the Construction Drawingsconnection therewith. Landlord’s review of the Construction Drawings applicable to the Improvements (as opposed to Landlord Work) and 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 Improvement-related portions of such Construction Drawings are reviewed by LandlordLandlord 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 such portions of the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to such portions of the Construction Drawings. A “Design Problem” is defined as, and shall be deemed to exist if there could be (i) an effect on the exterior appearance of the Building, (ii) an adverse effect on the Base Building (including without limitation the Building Structure), (iii) an adverse effect on the Building Systems or the operation and maintenance thereof, or (iv) any failure to comply with Applicable Laws or Code. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that Tenant’s security systems are fundamental to its business operations in the Premises, and Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, to permit such security systems to be installed in the Premises in accordance with Tenant’s reasonable security requirements. Landlord further acknowledges that the Improvements may include data center, cafeteria and exercise facilities, and that Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, in Tenant’s design of such facilities.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!